On the agenda: Buffalo County meeting — Data Center (Mar 13)

Notice of Public Meeting
Committee:

Land Management Committee

Date:

March 13th, 2026

Time:

8:00am

Location:
Remote Access:

3rd Floor County Board Room, 407 S. 2nd Street, Alma, WI 54610
join meeting here

This meeting is open to the public, but portions of the meeting may be closed if this notice indicates that the
committee may convene in closed session. The following matters may be reviewed, discussed and acted upon at this
meeting, but deviations from the order shown may occur:

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Public hearing agenda—Rezone

Call to Order
Roll Call of Members
Reading of notice for
public hearing
Riverland Energy Rezone
application
Public Testimony
Correspondence
Adjournment
Public hearing agenda-Ordinance revisions
Call to Order
Roll Call of Members
Reading of notice for
public hearing
Ordinance revisions
Public Testimony
Correspondence
Adjournment
Land Management Committee Agenda
Call to Order
Roll Call of Members
Review/Discussion/Action Public Comments Regarding Posted Agenda Items
Review/Discussion/Action Previous Meeting Minutes
Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning
District Map” – Town of Lincoln
Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning
District Map” – Town of Nelson
Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning
District Map” – Town of Mondovi
Review/Discussion/Action An Ordinance to Amend “Buffalo County Zoning Ordinance”
Review/Discussion/Action An Ordinance to Amend “Buffalo County Manure Storage
Ordinance”
Review/Discussion/Action An Ordinance to Amend “Buffalo County Uniform Addressing
Ordinance”
Review/Discussion/Action An Ordinance to Amend “Buffalo County Solar Ordinance”

Notice of Public Meeting
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Review/Discussion/Action
Review/Discussion/Action
Review/Discussion/Action
Review/Discussion/Action
Review/Discussion/Action
Review/Discussion/Action
Review/Discussion/Action

Date: 03/03/2026

GIS/LIO Report
Surveyor Report
Director Report
Committee Chair Report
Public Comments Unrelated to Agenda Items
Next Meeting Date and Time:
Adjournment
Max Weiss, Chair
_________________________________________
By: Lisa Schmitt, County Clerk

Board Members: If unable to attend, please contact the Chair. If the Chair is unavailable, please contact the County Clerk’s Office at 608-685-6209.
If the Chair and the County Clerk are not available, please call the Administrative Coordinator at 608-685-6234.
Persons with Disabilities: Buffalo County shall attempt to provide reasonable accommodations to the public for access to its public meetings,
provided reasonable notice of special need is given. If you require special accommodations to attend this meeting, please contact the County Clerk’s
Office at 608-685-6209.
Public Access to the Courthouse: The South Entrance will be the only access to the building after 4:30 p.m.
Persons who are members of another governmental body, but who are not members of this committee, may attend this meeting. Their attendance
could result in a quorum of another governmental body being present. Such a quorum is unintended, and they are not meeting to exercise the
authority, duties, or responsibilities of any other governmental body.

{Publish: February 26th and March 6th , 2026 in the Buffalo County News}
NOTICE OF PUBLIC HEARING BEFORE THE
BUFFALO COUNTY LAND MANAGEMENT COMMITTEE
AND BUFFALO COUNTY BOARD OF SUPERVISORS
Please be advised that the Buffalo County Land Management Committee will hold a public
hearing to consider amending the district boundaries of the “Buffalo County Zoning Districts
Map” at 8:00 a.m. on Friday, March 13th , 2026, in the Third Floor Board Room, Buffalo County
Courthouse, Alma, Wisconsin.
A petition made by Riverland Energy, PO Box 277, Arcadia, WI 54612, requests changing the
zoning district from Agriculture/Natural Resource 40 to Industrial pertaining to a parcel of land
approximately 2 acres in area located in the SW ¼, - NW ¼, Section 6, Town of Nelson, Buffalo
County, Wisconsin. Parcel #032-00124-0010. Changing the zoning district from
Agriculture/Natural Resource 20 to Industrial pertaining to a parcel of land approximately 1.72
acres in area located in the NW ¼, - SW ¼, Section 10, Town of Lincoln, Buffalo County,
Wisconsin. Parcel #018-00678-0000. Changing the zoning district from Agriculture/Natural
Resource 20 to Industrial pertaining to a parcel of land approximately 2.21 acres in area located
in the NE ¼, - NE ¼, Section 22, Town of Mondovi, Buffalo County, Wisconsin. Parcel #02600453-0012.
Immediately following the public hearing, the Land Management Committee will take action
making a recommendation to the Buffalo County Board of Supervisors, who will consider the
ordinance/ petition for change in zoning district boundaries at their next regularly scheduled
meeting on March 23rd, 2026, in the Third Floor Board Room, Buffalo County Courthouse,
Alma, Wisconsin.
You are further notified that copies of the rezone petition are on file and open for public review
in the office of the Buffalo County Clerk and the Buffalo County Department of Land
Management for a period of not less than two weeks prior to the March 13th , 2026, 8:00 a.m.
Buffalo County Land Management Committee public hearing and the Buffalo County Board of
Supervisors consideration, in accordance with Wisc. Stats. 59.69(5)(e).
Buffalo County Land Management Committee
______________________________
Abigail Soderberg
Buffalo County Department of Land Management

Department of Land Management
| P.O. Box 492; Alma, WI 54610 | 608-685-6218 | Hours of Business 8:00AM – 4:00PM M-T|8:00AM – 12:00PM F

Report to the Land Management Committee
Zoning Districts Map Amendment/Rezone Application
Applicant: Riverland Energy
Public Hearing: March 13, 2026
Riverland Energy has submitted a rezone application to amend the Buffalo County Zoning
Districts Map. The applicant seeks to rezone a parcel of land from Agriculture/Natural Resource
-40 to Industrial and two parcels of land from Agricultural/Natural Resource-20 to Industrial.
The parcel, PID# 032-00124-0010, consists of 2 acres of land in Section 6, Town of Nelson. The
site has historically been used as a power substation. See the plat map and orthophotography for
site information. The parcel, PID# 026-00453-0012, consists of 2.21 acres of land in Section 22,
Town of Mondovi. The site has historically been used as a power substation. See the plat map
and orthophotography for site information. The parcel, PID# 018-00678-0000, consists of 1.72
acres of land in Section 10, Town of Lincoln. The site has historically been used as a power
substation. See the plat map and orthophotography for site information.
The applicant proposes substations for light industrial work in the towns of Nelson, Lincoln, and
Mondovi, with a petition map attached detailing parcels that abide by the Buffalo County Zoning
ordinance in terms of width, size, and road frontage as stated in CH7(F) of the 2018 Buffalo
County Zoning Ordinance defining the bounds of which to design an industrially zoned area. To
further their development of the area to meet the standards set in the ordinance it is required that
the land be rezoned.
Soils: The site has historically been a power substation with gravel over soil. The USDA soil
survey identifies the primary soil type of the parcel in Nelson as 501A, Finchford loamy sand, 0
to 3 percent slopes. With most of the proposed development on 501A. Mondovi-433B, Forkhorn
sandy loam, 2 to 6 percent slopes. With most of the proposed development on 433B. Lincoln115C2, Seaton Silt Loam, 6 to 12 percent slopes. With most of the proposed development on
115C2.
Towns Position On February 24, 2026, the applicant’s rezone application was presented to the
Nelson, Mondovi, and Lincoln Town Boards. The requisite Towns Acknowledgement Form was
signed by Town Chairmen, Brad Mickelson, Bradley Schmidtnecht, and Bruce Auseth,
indicating each town’s position on the rezone as follows. The Nelson Town Board commented

on the Towns Acknowledgement Form, stating. “” in (Support/Denial) of the rezone. The
Mondovi Town Board commented on the Towns Acknowledgement Form, stating. “” in
(Support/Denial) of the rezone. The Lincoln Town Board commented on the Towns
Acknowledgement Form, stating. “” in (Support/Denial) of the rezone.

Public Comment: As of the drafting of this report the Zoning Department has not received any
written, verbal or e-mailed public comments or correspondence that is in conflict with or in
opposition to the proposed property rezone.
Access: The parcel of 032-00124-0010 does not abut a public road, but is a lot of record created
in 2008, it is 105ft from State Road 25, with easement from surrounding parcel owner Reta J
Stewart. The parcel of 018-00678-0000 abuts a parcel also owned by Riverland Energy on and
accessed by County Road E with approximately 171ft of road frontage. The parcel of 02600453-0012 does not abut a public road, but is a lot of record with easement through Teigen
Children’s Trust of the surrounding parcel off State Road 37.
Zoning Department Statement: The parcels of land are located on the West side of State Road
25, East side of county road E, and West side of State Road 37. The land use immediately
surrounding the parcel is dedicated primarily to agricultural practices, initial zoning concerns
pertain to road setbacks and proper use of zoning district. The rezone is being done to satisfy all
zoning requirements as road frontage, lot of record, and distance from road center line were all
checked by zoning staff and deemed appropriate.
The land rezone proposed would abide by the Zoning Ordinance, and plans proposed for
development with a preliminary view are within the bounds of the Industrial district. The rezone
petition and the proposed use of the property is not in conflict with or inconsistent with the
Buffalo County Zoning Ordinance or the Comprehensive Land Use Plan.

NOTICE OF PUBLIC HEARING BEFORE THE
BUFFALO COUNTY LAND MANAGEMENT COMMITTEE
PUBLISHED: February 26th & March 5th, 2026
Buffalo County News.

Please be advised that the Buffalo County Land Management Committee will hold a
public hearing to consider amendments to a code of ordinances entitled “The Buffalo
County Zoning Ordinance” and “The Buffalo County Uniform Addressing Ordinance at
8:00 a.m. on Friday, March 13, 2026 in the Third Floor County Board Room, Buffalo
County Courthouse, Alma, Wisconsin.
The proposed amendment includes adding an article to the Zoning Ordinance Ch.
7(I)(1)(b)- Conditional uses in an Industrial Zoning District and Ch.21(2)- definitions,
Ch. 10(4)(A)- Non-Conforming Lots. To Strike from Buffalo County Uniform
Addressing ordinance Ch2(4)(B)(2) part of Ch.2(4)(B)(3) and Ch.2(3)(B)(9), and Change
of due dates to The Buffalo County Manure Storage Ordinance, Amend Buffalo County
Solar Ordinance 2024-1.07(17)(e).
No action will be taken by the County Board on this date. The County Board of
Supervisors will consider the adoption of the proposed amendments on March 23, 2026,
at a regular meeting of the County Board.
You are further notified that copies of the amendments are on file and open for public
inspection in the office of the Buffalo County Clerk and the Buffalo County Zoning
Department for a period of not less than two weeks prior to the March 13, 2026 Land
Management Committee public hearing date and Land Management Committees
consideration in accordance with s. 59.69(5)(e) Wisconsin Statutes.
Please forward all public comments to the Buffalo County Clerk’s Office. Written
comments received by March 4, 2026, at 4:00 p.m. will be mailed to the Land
Management Committee members for their review prior to the public hearing. Public
Comments received after that date and time will be available to the Land Management
Committee members at the public hearing.
Abigail Soderberg
Buffalo County
Zoning Department

Buffalo County Solar Ordinance – Adopted ______

BUFFALO COUNTY
SOLAR ORDINANCE
Adopted by the Board of Supervisors of Buffalo County
Ordinance no. _______

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Buffalo County Solar Ordinance – Adopted ______

ACKNOWLEDGEMENT
In recent years, Buffalo County has seen an increase in inquiries about solar energy and
development. In an effort to set requirements and standards for solar development in Buffalo
County, the Department of Land Management worked to create a Solar Ordinance to establish
these requirements to preserve the public health and safety of Buffalo County residents. Thank
you to all who contributed to the dra�ing, revising, and establishment of this ordinance.
BUFFALO COUNTY BOARD OF SUPERVISORS
Dennis Bork – Chair
Max Weiss – Vice Chair
Dwight Ruff
Chris Lindstrom
Steve Nelson
Gary Stanton
Carol McDonough
Nathan Nelson
John Hadley
Brian Michaels
John Sendelbach
Bill Bruegger
Michael L. Taylor
Mary Anne McMillan Urell
BUFFALO COUNTY LAND MANAGEMENT COMMITTEE
Max Weiss – Chair
Dwight Ruff – Vice Chair
Chris Lindstrom
Gary Stanton
John Sendelbach
Joe Bragger
BUFFALO COUNTY TOWN CHAIRS
Alma – Thomas Huber
Belvidere – Ron Speltz
Buffalo – Steve James
Canton – Tony Poeschel
Cross – Leonard A. Litscher
Dover – Jeff Binfet
Gilmanton – Jamey Davis
Glencoe – Cletus N. Foegen
Lincoln – Bruce Auseth
Maxville – Dan Weisenbeck
Milton – Bob Plateter
Modena – Allen Sheahan
Mondovi – Bradley Schmidtknecht
Montana – Jimmy Ellis
Naples – Ross Kruger
Nelson – Brad Mikelson
Waumandee – Rick Reuter
All other Town Board officials and Town Clerks for their assistance.
BUFFALO COUNTY ZONING DEPARTMENT STAFF
Cale Severson – Land Management Director
Abigail Soderberg – Administra�ve Assistant
Brock Lederman – Zoning Specialist
Steven Wall – Zoning Technician
COORDINATING STAFF
Nathan Machula – GIS/Land Informa�on Officer
BUFFALO COUNTY OFFICE OF CORPORATION COUNSEL
Tom Bilski – District Atorney
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Buffalo County Solar Ordinance – Adopted ______

BUFFALO COUNTY
ZONING DEPARTMENT
._______________________.
ADMINISTRATION
Cale Severson
Land Management Director
Abigail Soderberg
Administra�ve Assistant
Brock Lederman
Zoning Specialist
Steven Wall
Zoning Technician

._______________________.
Inquiries about this ordinance may be directed to:
Buffalo County Zoning Department
407 S. 2nd St.
P.O. Box 492
Alma, WI 54610
Phone: (608) 685-6218
Website: www.buffalocountywi.gov

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Buffalo County Solar Ordinance – Adopted ______

BUFFALO COUNTY SOLAR ORDINANCE
TABLE OF CONTENTS
CHAPTERS
2024-1.01: Title ……………………………………………………………………………………………………5
2024-1.02: Purpose ………………………………………………………………………………………………5
2024-1.03: Findings of Fact …………………………………………………………………………………..5
2024-1.04: Defini�ons ………………………………………………………………………………………….5
2024-1.05: General Requirements ………………………………………………………………………..6
2024-1.06: Accessory Solar Energy Systems (ASES) ……………………………………………….8
2024-1.07: Principal Solar Energy Systems (PSES) ……………………………………………….11

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Buffalo County Solar Ordinance – Adopted ______

Buffalo County Solar Ordinance
2024-1.00 Solar Panel and Solar Farm Ordinance
2024-1.01 Title
This ordinance shall be known as, referred to, or cited as the Solar Panel Ordinance, County of
Buffalo, Wisconsin.
2024-1.02 Purpose
The purpose of this ordinance is to provide a regulatory means for the si�ng, construc�on, and
opera�on of both small- and large-scale solar installa�ons in the County of Buffalo, subject to
reasonable restric�ons, which will preserve the public health and safety. Roof mounted and wall
mounted solar arrays to not fall within this ordinance.
2024-1.03 Findings of Fact
1. These regula�ons are adopted under the authority granted pursuant to Wisconsin Statute
66.0401 (2009) which provides regula�on related to solar and wind energy systems.
a. Sec. 66.0401 Wis. Stats: Authority to Restrict Systems Limited. No poli�cal
subdivision may place any restric�on, either directly or in effect, on the
installa�on or use of a solar energy system, as defined in Wis Statutes 13.24
(2)(h)1. g. Wis Stats, unless it sa�sfies one of the following condi�ons:
i. Serves to preserve or protect public health or safety.
ii. Does not significantly increase the cost of the system or significantly
decrease its efficiency.
iii. Allows for an alterna�ve system of comparable cost and efficiency.
2024-1.04 Defini�ons
1. As used in this Ordinance, the following terms shall have the meanings indicated:
a. ACCESSORY SOLAR ENERGY SYSTEM (ASES): An area of land or other area used
for a solar collec�on system used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily for onsite use. An accessory solar energy system consists of one (1) or more freestanding ground mounted solar arrays or modules, or solar related equipment
and is intended to primarily reduce on-site consump�on of u�lity power or fuels.
b. GLARE: The effect produced by light with intensity sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
c. ONSITE: The power generated on a parcel to be used on this same parcel.
d. OWNER: A person or en�ty or agent or representa�ve thereof with an equity
interest in the solar energy system
e. PRINCIPAL SOLAR ENERGY SYSTEM (PSES): An area of land or other area used for
a solar collec�on system principally used to capture solar energy, convert it to
electrical energy or thermal power and supply electrical or thermal power
primarily for off-site use. Principal solar energy systems consist of one (1) or
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Buffalo County Solar Ordinance – Adopted ______

more free-standing ground mounted solar collector devices, solar related
equipment and other accessory structures and buildings including light
reflectors, concentrators, and heat exchangers, substa�ons, electrical
infrastructure, transmission lines and other appurtenant structures.
f. SCREEN: A natural vegeta�on barrier consis�ng of trees, bushes, or other natural
vegeta�on such as evergreens that has the capability to effec�vely shield the site
visually. None of which shall be on the State’s invasive species list.
g. SOLAR ARRAY: A grouping of mul�ple solar modules with the purpose of
harves�ng solar energy.
h. SOLAR CELL: The basic solar device which collects solar energy.
i. SOLAR EASEMENT: A solar easement means a right, expressed as an easement,
restric�on, covenant, or condi�on contained in any deed, contract, or other
writen instrument executed by or on behalf of any landowner for the purpose of
assuring adequate access to direct sunlight for solar energy systems.
j. SOLAR ENERGY: Radiant energy (direct, diffuse and/or reflec�ve) received from
the sun.
k. SOLAR MODULE: A grouping of solar cells with the purpose of harves�ng solar
energy.
l. SOLAR PANEL: That part or por�on of a solar energy system containing one or
more recep�ve cells or modules, the purpose of which is to convert solar energy
for use in space hea�ng or cooling, for water hea�ng and/or for electricity.
m. SOLAR RELATED EQUIPMENT: Items including a solar photovoltaic cell, module,
panel, or array, or solar hot air or water collector device panels, lines, pumps,
bateries, moun�ng brackets, framing and possibly founda�ons or other
structures used for or intended to be used for collec�on of solar energy.
n. STAND ALONE ENERGY SYSTEM: Any solar system that does not �e into the
power grid or to a habitable structure.
2. Calcula�on Conversion Chart (as of January 2024):
1 MEGAWATT = 190 HOMES POWERED
100 MEGAWATTS = 19,000 HOMES POWERED
1 MEGAWATT = 5 ACRES
2024-1.05 General Requirements
1. Both ASES and PSES shall be referred to as a “solar energy system”.
2. Structural and electrical engineering is required for both ASES, PSES and any other solar
energy system that co-mingles with u�lity power.
3. The solar layout, design, installa�on, and ongoing maintenance shall conform to applicable
industry standards, such as those of the American Na�onal Standards Ins�tute (ANSI),
Underwriters Laboratories (UL), the American Society for Tes�ng and Materials (ASTM),
Ins�tute of Electrical and Electronics Engineers (IEEE), Solar Ra�ng and Cer�fica�on
Corpora�on (SRCC), Electrical Tes�ng Laboratory (ETL), Na�onal Electrical Code (NEC), and
State of Wisconsin Electrical Code or other similar cer�fying organiza�ons, and shall comply
with the WI Uniform Construc�on Code as enforced by Buffalo County Zoning Department,
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Buffalo County Solar Ordinance – Adopted ______

and with all other applicable fire and life safety requirements. The manufacturer
specifica�ons for the key components of the system shall be submited as part of the
applica�on. Upon comple�on of installa�on, the solar system shall be maintained in good
working order under which the solar array was constructed. Failure of the solar energy
system owner to maintain the solar energy system in good working order is grounds for
appropriate enforcement ac�ons by the Buffalo County Zoning Department in accordance
with applicable ordinances. It shall be the responsibility of the installing company/operator
to train and/or cover the costs of training for all local emergency services on responding to
on-site emergencies.
4. Permit Requirements
a. Zoning /building permit applica�ons shall document compliance with this Sec�on
and shall be accompanied by drawings showing the loca�on of the system on the
building or property, including property lines.
i.
Permits must be kept on the premises where the solar energy system is
constructed.
ii.
Setbacks shall be on a case-by-case basis and aim to be fi�y (50) feet from
any non-par�cipa�ng property line for ground mounted panels. This
setback to panel structure shall be to guarantee solar access to sunlight
and to allow for fences, screening and emergency vehicle access to
perimeter of solar field. Minimum setbacks of structures shall be the
setbacks as set forth in the zoning district.
b. The zoning permit shall be revoked if the solar energy system, whether new or
pre-exis�ng, is moved or otherwise altered, either inten�onally or by natural
forces, in a manner which causes the solar energy system not to be in conformity
with this Ordinance. In the event of a viola�on of any of the foregoing provisions,
the Zoning Department shall give writen no�ce specifying the viola�on to the
owner of the solar energy system to conform or to remove the solar energy
system within [90] days of receiving the no�ce.
c. The solar energy system must be properly maintained according to industry
standards as needed to keep the solar energy system in good repair and
opera�ng condi�on, and that it shall be kept free from all hazards, including but
not limited to, faulty wiring, loose fastenings, being in an unsafe condi�on or
detrimental to public health, safety, or general welfare. In the event of a viola�on
of any of the foregoing provisions, the Zoning Department shall give writen
no�ce specifying the viola�on to the owner of the solar energy system to
conform or to remove the solar energy system within [90] days of receiving the
no�ce. ].
d. A cer�fied plan must be stamped and approved by a Professional Engineer and
on file with the Buffalo County Zoning Department to ensure safety of all wiring
and energy transference.
5. Decommissioning & Demoli�on
a. A demoli�on/raze permit is required for all decommissioning/demoli�on.

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Buffalo County Solar Ordinance – Adopted ______

b. Any founda�ons, equipment, or wiring must be removed at the close of the
decommissioning to a depth of 36 inches (three feet) from ground surface or
subject to landowner waiver.
2024-1.06- Accessory Solar Energy Systems (ASES)
Regula�ons Applicable to All Accessory Solar energy systems:
1. Best management prac�ces shall be used to minimize erosion on and off the site. Any
development over 12% shall submit a steep slopes development plan prior to permit
issuance.
2. Any and all disputes shall go before the Board of Adjustments for final determina�on.
3. ASES shall be permited as a use in all zoning districts.
4. Exemp�ons
a. ASES legally constructed prior to the effec�ve date of this Sec�on shall not be
required to meet the terms and condi�ons of this Ordinance. Any physical
modifica�on to an exis�ng ASES whether or not exis�ng prior to the effec�ve
date of this Sec�on that materially alters the ASES shall require approval under
this Ordinance. Rou�ne maintenance or like-kind replacements do not require a
permit.
5. All on-site u�lity, transmission lines, and piping/plumbing shall be placed inside the
structure or underground to the extent feasible.
6. The owner of an ASES shall provide the Zoning Department writen confirma�on that the
public u�lity company to which the ASES will be connected has been informed of the
customer’s intent to install a grid connected system and approved of such connec�on. Offgrid systems shall be exempt from this requirement.
7. The display of adver�sing is prohibited except for reasonable iden�fica�on of the
manufacturer of the system.
8. Glare
a. All ASES shall be designed to minimize or mi�gate the projec�on of concentrated
solar radia�on or glare onto nearby structures or roadways to the extent prac�cable.
b. b. The applicant has the burden of proving that any glare produced does not have
significant adverse impact on neighboring or adjacent uses either through si�ng or
mi�ga�on.
9. Decommissioning
a. The ASES owner is required to no�fy the County within 30 days upon cessa�on or
abandonment of the opera�on.
b. The ASES shall be presumed to be discon�nued or abandoned if its output fails to
meet or exceed 25% of nameplate capacity at least once in a con�nuous twelve
(12) month period.
c. The ASES owner shall then have twelve (12) months from discon�nuance or
abandonment in which to dismantle and remove the ASES including all solar
related equipment or appurtenances related thereto, including but not limited to
buildings, cabling, electrical components, roads, founda�ons, and other
associated facili�es from the property. If the owner fails to dismantle and/or
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Buffalo County Solar Ordinance – Adopted ______

remove the ASES within the established �meframes, Buffalo County may
complete the decommissioning at the owner’s expense.
d. The ASES owner shall, at the request of the County, provide informa�on
concerning the amount of energy generated by the ASES in the last twelve (12)
months.
10. Ground Mounted Accessory Solar energy systems:
a. Setbacks
i.
Must meet the required setback for an accessory structure per the
applicable zoning district.
ii.
Zoning Department may authorize the installa�on of a ground mounted
ASES in front of the principal building, outside the required front yard, if
the applicant demonstrates that, due to solar access limita�ons, no
loca�on exists on the property other than the front yard where the solar
panel can perform effec�vely. The Zoning Administrator has the
authority to apply requirements/condi�ons for vegeta�ve screening.
b. Height
i.
Ground mounted ASES shall not exceed fi�een (15) feet in height above
the ground eleva�on surrounding the systems.
c. Coverage
i.
The area beneath the ground mounted ASES is considered a pervious
surface. However, use of the impervious construc�on materials under
the system could cause the area to be considered impervious.
ii.
The total surface area of the arrays of ground mounted ASES on the
property shall not exceed more than twenty (20) percent of the lot area.
iii.
The applicant shall submit a Storm Water Management Plan that
demonstrates compliance with the Buffalo County Storm Water
Management regula�ons.
d. Screening
i.
Ground mounted ASES shall be screened from any adjacent property
that is residen�ally zoned or used for residen�al purposes.
ii.
Appropriate safety/warning signage concerning voltage shall be placed
at ground mounted electrical devices, equipment, and structures. All
electrical control devices associated with the ASES shall be locked to
prevent unauthorized access or entry.
e. Ground-mounted ASES shall not be placed within any legal easement or right-of-way
loca�on or be placed within any storm water conveyance system or in any other
manner that would alter or impede storm water runoff from collec�ng in a
constructed storm water conveyance system.
2024-1.07 Principal Solar Energy Systems (PSES)
1. Buffalo County Land Management shall have the authority for on-site and aerial inspec�ons
during the en�rety of the applica�on and permit dura�on.
2. Any and all disputes regarding a PSES permit that are within the jurisdic�on of the County
Board of Supervisors shall go before the Board of Adjustments for final determina�on.
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Buffalo County Solar Ordinance – Adopted ______

3. Applica�on Process Flowa. A Board of Adjustment hearing will be scheduled upon an applica�on being deemed
complete by the Department. The applica�on will be deemed complete within 30
days of receiving the necessary documents. The Department has 30 days in which to
schedule said hearing upon receiving the complete applica�on. A complete
applica�on shall include the following:
i. Proof that an owner used reasonable methods to provide writen no�ce of
the planned renewable energy system to all of the following:
1. Landowners within a half mile of a planned host property.
2. Town(s) where the energy system may be located.
3. Emergency first responders serving the areas where the energy
system may be located.
4. The Wisconsin Department of Transporta�on.
5. The Public Service Commission of Wisconsin.
6. The Wisconsin DNR.
7. The Wisconsin Department of Agriculture, Trade and Consumer
Protec�on.
8. The office of the deputy undersecretary of the U.S. Department of
Defense.
ii. A Town’s Acknowledgement Form
iii. Correct fee as established by the County Board of Supervisors
iv. Completed Condi�onal Use Permit Applica�on
4. The owner shall provide annual training for the county's emergency management
department, sheriff's office, and any other fire, police, or other first responder iden�fied in
the owner's emergency ac�on plans unless otherwise approved by the Board of Adjustment
based on the informa�on provided in the applica�on. The owner shall provide up to eight
hours of training each calendar year based on the need for the training and requests from
local emergency management officials, and the owner is responsible for all direct training
costs unless otherwise approved by the Board of Adjustment based on the informa�on
provided in the applica�on.
5. The owner shall reimburse the County for all reasonable costs incurred in response to an
onsite emergency unless the emergency is a result of the inten�onal, unlawful, or negligent
ac�ons of someone other than the Owner or an agent of the Owner.
6. Prior to the commissioning of the PSES, an owner shall create an emergency ac�on plan and
distribute a copy of its emergency plans to the following:
a. Buffalo County Emergency Management.
b. Buffalo County Sheriff's Office.
c. Clerk for any town which its renewable energy systems are located or that are within
one-half mile of any of its facili�es.
d. Clerk for any village or city within one-half mile of any of its renewable energy
systems facili�es.
e. Any fire, police, or other first responder iden�fied by the county's emergency
management director or the clerk of any city, village, or town who has received a
copy of the owner's emergency plans as set forth above.
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Buffalo County Solar Ordinance – Adopted ______

7. Best management prac�ces shall be used to minimize sediment erosion on and off the site.
Any development over 12% shall submit a steep slopes development plan prior to permit
issuance.
8. Regula�ons applicable to all principal solar energy systems
9. PSES shall be permited by condi�onal use in all Zoning Districts
10. Exemp�ons
a. PSES constructed prior to the effec�ve date of this sec�on shall not be required to
meet the terms and condi�ons of this ordinance. Any physical modifica�on to an
exis�ng PSES, whether or not exis�ng prior to the effec�ve date of this sec�on that
materially alters the PSES shall require approval under this ordinance. Rou�ne
maintenance or like-kind replacements do not require a permit.
11. All on-site wiring, cabling, and piping/plumbing lines, with the excep�on of genera�on �e
lines and connec�ons between panels, shall be placed inside the structure or underground
and routed to minimize land disturbance to the extent prac�cable considering other
relevant factors such as environmental impacts and landowner preferences.
12. The owner of a PSES shall provide the Buffalo County Zoning Department with writen
confirma�on that the public u�lity company to which the PSES will be connected has been
informed of the customer’s intent to install a grid connected system and approved of such
connec�on.
13. No por�on of the PSES shall contain or be used to display adver�sing. The manufacturer’s
name and equipment informa�on or indica�on of ownership shall be allowed on any
equipment of the PSES provided they comply with the prevailing sign regula�ons.
14. Glare
a. All PSES shall be designed to minimize or mi�gate the projec�on of concentrated
solar radia�on or glare onto nearby dwellings or roadways to the extent prac�cal
b. The applicant has the burden of proving that any glare produced does not have
significant adverse impact on neighboring or adjacent uses either through si�ng or
mi�ga�on.
15. The noise levels generated by a PSES shall be of a level that protects public health and
safety.
a. A permit applica�on must include es�mated noise generated by the PSES at the
nearest point of the neighboring property line unless the adjacent property owner
owns property that is part of the project or has provided a writen waiver of this
requirement to the owner.
b. For the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will
consider a project that generates less than 45 dBA at the nearest point of the
neighboring property line, based on one-hour LEG, as adequately protec�ng public
health and safety based on noise. Should the ambient sound pressure level excluding
the PSES exceed 45 dBA 1 hr. LEG, a project that generates less than the ambient dBA
plus 5dBA 1-hr LEG shall be considered as adequately protec�ng public health and
safety based on noise.
16. The PSES owner and/or operator shall maintain a phone number and iden�fy the person
responsible for the public to contact with inquiries and complaints throughout the life of the
project and provide this number and name to the Zoning Department. The PSES owner
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Buffalo County Solar Ordinance – Adopted ______

and/or operator shall make reasonable efforts to respond to the public’s inquiries and
complaints.
a. Maintenance, condi�on, and output records must be submited to the town
biannually for review. The records will be kept on file and available for public review
subject to Wis. Stat. §§ 19.31-19.39.
17. Decommissioning/Demoli�on
a. The PSES owner is required to no�fy Zoning Department within 30 days upon
discon�nuance or abandonment of the opera�on.
b. The PSES shall be presumed to be discon�nued or abandoned if its output fails to
meet or exceed 25% of nameplate capacity at least once in a con�nuous twelve (12)
month period.
c. A demoli�on/raze permit from the Zoning Department is required for all
decommissioning and demoli�on.
d. The PSES owner shall have twelve (12) months from the discon�nuance or
abandonment in which to dismantle and remove the PSES including all solar related
equipment or appurtenances related thereto, including but not limited to buildings,
cabling, electrical components, roads, founda�ons, and other associated facili�es
from the property , unless a writen waiver is obtained from the landowner and
subject to sec�on [1.05.5.b] of this Chapter. If the owner fails to dismantle and/or
remove the PSES within the established �meframes, Buffalo County may complete
the decommissioning at the owner’s expense.
e. At the �me of issuance of the permit for the construc�on of the PSES, the owner
shall provide financial security in the form and amount acceptable to the County to
secure the expense of dismantling and removing said PSES and restora�on of the
land to its original condi�on. This financial security shall be the average of at least 2
qualifying es�mates of removal and disposal. It shall also be reviewed every 5 years
and updated. This �meline may be shortened by the county as deemed necessary
due to factors outside the county’s control, such as: infla�on, market changes,
equipment aging, updated restora�on costs, change in technologies or other factors.
Financial Security shall be:
i. 25% prior to the start of construc�on.
ii. 50% a�er two (2) years.
iii. 100% at the conclusion of 5 years of opera�on.
18. Permit Requirements
a. PSES shall comply with Buffalo County Comprehensive Land Use plan. The
installa�on of PSES shall be in compliance with all applicable permit requirements,
codes, and regula�ons.
b. The PSES owner and/or operator shall repair, maintain, and replace the PSES and
related equipment during the term of the permit in a manner consistent with
industry standards as needed to keep the PSES in good repair and opera�ng
condi�on.
c. PSES shall be effec�vely fenced around the perimeter. Unless otherwise approved by
the Board of Adjustment based on the informa�on provided in the applica�on, the
PSES shall include a perimeter fence with a minimum height of eight (8) feet that is
12

Buffalo County Solar Ordinance – Adopted ______

made of steel wire. The wire shall not be of barbed wire or woven wire designs. The
fencing shall preferably use wildlife friendly fencing standards that includes passage
of small animals such as rabbits and raccoons. Such fencing shall effec�vely keep
large animals such as deer out of the enclosure. It shall be upon the operator to see
that entrapped animals are released in a �mely fashion. If wild animals such as deer
have entered the enclosure, those animals shall be removed within 24 hours or be
reported immediately to local wildlife authori�es pursuant to Wis. Stat. § 169.04.
The fencing shall not cross navigable waters unless permited by the Wisconsin
Department of Natural Resources.
d. Any such system including but not limited to solar panels, fencing, access roads, etc.
shall all adhere to Floodplain and Shoreland Ordinances
e. The County shall be no�fied before any permit transfer takes place. The new permit
holder is responsible for providing updated financial security, consistent with sec�on
[1.07.17] of this chapter, and assuming decommissioning obliga�ons incorporated
into the permit. Financial security of the previous owner will not be released un�l
the new owner has provided to the County new financial security and updated and
all exis�ng plans corresponding to the opera�on of the facility
19. Ground Mounted Principal Solar energy systems:
a. Setbacks
i. Setbacks for PSES panels shall be consistent with the setbacks for the
applicable Zoning District. The Board of Adjustment may require more
restric�ve setbacks than provided in the applicable Zoning District if
necessary to preserve or protect the public health or safety based on the
informa�on provided in the applica�on.
ii. However, for the purpose of evalua�ng PSES permit applica�ons, the Board
of Adjustment will consider PSES panels that are setback fi�y (50) feet from
non-par�cipa�ng property lines as adequately preserving and protec�ng
public health and safety. The Board of Adjustment will also consider the PSES
as adequately preserving and protec�ng public health and safety if a
landowner has consented to a setback of less than 50 feet from the property
line to the PSES panels.
iii. For the purpose of evalua�ng PSES permit applica�ons, the Board of
Adjustment will consider PSES panels that are setback two hundred and fi�y
(250) feet from non-par�cipa�ng dwellings as adequately preserving and
protec�ng public health and safety. The Board of Adjustment will also
consider the PSES as adequately preserving and protec�ng public health and
safety if the dwelling owner has consented to a setback of less than 250 feet
from the dwelling to the PSES panels.
iv.
v.
For the purpose of evalua�ng PSES permit applica�ons, the Board of
Adjustment will consider PSES panels that are setback one hundred and
fi�y (150) feet from State and County Road centerlines or one hundred
(100) feet from all other roads to adequately preserve and protect the
public health and safety. The Board of Adjustment may determine that
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Buffalo County Solar Ordinance – Adopted ______

b. Height
i.

vegeta�ve or other screening is necessary for setbacks that are less than
those listed in paragraphs ii through iv, based on the informa�on
provided in the applica�on.

The Board of Adjustment may limit the maximum height for PSES
structures in order to preserve or protect the public health and safety.
For the purpose of evalua�ng PSES permit applica�ons, the Board of
Adjustment will consider ground mounted PSES that do not exceed
fi�een (15) feet in height to the top of the panels at maximum angle as
adequately preserving and protec�ng the public health and safety.
c. Impervious Coverage
i.
The area beneath the ground mounted PSES is considered a pervious
surface. However, use of impervious construc�on materials under the
system could cause the area to be considered impervious and subject to
the impervious surfaces limita�ons.
ii.
The applicant shall submit a storm water management plan that
demonstrates compliance with Buffalo County municipal storm water
management regula�ons. Any disturbance over one (1) acre requires
coverage under a WDNR stormwater permit before construc�on.
iii.
PSES owners are encouraged to use low maintenance and low growing
vegeta�ve surfaces under the system as a best management prac�ce
for storm water management.
iv.
PSES owners shall maintain, throughout the dura�on of opera�on,
natural vegeta�on within the site to minimize erosion, manage runoff,
and improve soil health.
20. Ground mounted PSES shall be screened from adjoining residen�al uses or zones consistent
with the requirements of the applicable Zoning District.
21. Ground-mounted PSES shall not be placed within any exis�ng legal easement or right-of-way
loca�on or be placed within any storm water conveyance system or in any other manner
that would alter or impede storm water runoff from collec�ng in a constructed storm water
conveyance system.
22. Security
a. All ground mounted PSES shall be completely enclosed by a minimum eight (8) foot
high fence with a self-locking gate.
b. A clearly visible warning sign shall be placed at the base of all pad-mounted
transformers and substa�ons and on the fence surrounding the PSES informing
individuals of poten�al voltage hazards.
23. Access
a. At a minimum, a twenty-two (22) feet wide access road must be provided from a
state/county or Township for access to the site. Meet driveway standards.
b. At a minimum, a twenty-two (22) feet wide cart way shall be provided between
groupings of solar arrays to allow access for maintenance vehicles and emergency
management vehicles including fire apparatus and emergency vehicles. Cartway
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Buffalo County Solar Ordinance – Adopted ______

width is the distance between the botom edges of solar panel frames to the top
edges of the solar panel frame directly across from it.
24. The ground mounted PSES shall not be ar�ficially lit except to the extent required for safety
or applicable federal, state, or local authority.
25. If a ground mounted PSES is removed, any earth disturbance resul�ng from the removal
must be restored, returning it to the condi�on, topography, and use it was in prior to the
PSES installa�on and what is deemed suitable by the Zoning Administrator, subject to
landowner waiver
26. Decommissioning/Demoli�on
a. The PSES owner is required to no�fy the Zoning Department within 30 days upon
discon�nua�on or abandonment of the opera�on. The PSES shall be presumed to be
discon�nued or abandoned if its output fails to meet or exceed 25% of nameplate
capacity at least once in a con�nuous twelve (12) month period.
b. A permit from the Zoning Department is required for all decommissioning and
demoli�on.
c. The PSES owner shall then have twelve (12) months in which to dismantle and
remove the PSES including all solar related equipment or appurtenances related
thereto, including but not limited to structural repair of buildings, cabling, electrical
components, roads, founda�ons, and other associated facili�es from the property, ,
unless a writen waiver is obtained from the landowner and subject to sec�on
[1.05.5.b] of this Chapter. If the owner fails to dismantle and/or remove the PSES
within the established �meframes, Buffalo County may complete the
decommissioning at the owner’s expense.

15

Buffalo County Manure Storage Ordinance Update

This plan shall be submitted to the Land Conservation Department no later than March
April 15th of the year following installation of the manure storage facility and every year
thereafter, by March April 15th, while the facility is in use.

BUFFALO COUNTY
UNIFORM ADDRESSING ORDINANCE
Adopted by the Board of Supervisors of Buffalo County
Ordinance no. 19-01-01

ACKNOWLEDGEMENT
Appreciation and thanks to all involved in this large and important cooperative effort to assure that
the residents and visitors to Buffalo County have the advantage of an addressing system that helps to
assure rapid location by emergency services and first responder personnel.
BUFFALO COUNTY BOARD OF SUPERVISORS
Mary Anne McMillan Urell - Chair
Larry Grisen– Vice-Chair
David Danzinger
Nettie Rosenow
Don Hillert
Scott Smith
Nathan Nelson
Jon Seipel
Don Black
Max Weiss
Dennis Bork
John Kriesel
Michael Taylor
Bernard Brunkow
BUFFALO COUNTY ZONING COMMITTEE
Michael Taylor – Chair
Bernard Brunkow – Vice Chair
David Danzinger
Dennis Bork
Max Weiss
BUFFALO COUNTY ZONING DEPARTMENT STAFF
Michael Owecke – Zoning Administrator
Julie Lindstrom – Administrative Assistant
Keith Bollinger – Zoning Specialist
COORDINATING STAFF
Sonya Hansen – County Coordinator
Jason Poser - GIS Systems Coordinator
Tammy Huber – E911 Coordinator
Bruce Fuerbringer – Emergency Mgmt. Coordinator

2

TABLE OF CONTENTS

Page No.

Chapter 1: Title; Authority: General Provisions ................................................................................... 4
Section:
1. Title ............................................................................................................................................................... 4
2. Authority ....................................................................................................................................................... 4
3. Purpose ......................................................................................................................................................... 4
4. Jurisdiction..................................................................................................................................................... 4
5. Abrogation and Greater Restrictions ............................................................................................................ 4
6. Severability .................................................................................................................................................... 4
7. Effective Date ............................................................................................................................................... 4

Chapter 2: Uniform Addressing System ................................................................................................... 5
Section:
1. Addressing System ....................................................................................................................................... 5
2. Applicability ................................................................................................................................................. 5
3. Address Assignment ..................................................................................................................................... 6
4. Address and Signage Requirements for Shared Private Driveways ............................................................ 7

Chapter 3: Address Sign Standards ........................................................................................................... 9
Section:
1. Address Sign Design Specifications and Procurement ................................................................................ 9
2. Placement of Address Signs ......................................................................................................................... 9
3. Address Sign Maintenance ......................................................................................................................... 10
4. Existing Addresses ...................................................................................................................................... 10

Chapter 4: Road Naming and Sign Standards ..................................................................................... 10
Section:
1. Road Naming and Signing .......................................................................................................................... 10
2. Road & Private Drive Sign Standards and Responsibility ......................................................................... 11
3. Private Drive Naming .................................................................................................................................. 12

Chapter 5: Enforcement and Penalties .................................................................................................... 12
Section:
1. Prohibitions ................................................................................................................................................. 12
2. Enforcement ................................................................................................................................................ 13
3. Prosecution ................................................................................................................................................. 13
4. Penalties ....................................................................................................................................................... 13

3

CHAPTER 1
TITLE, AUTHORITY, GENERAL PROVISIONS
The Board of Supervisors of Buffalo County, Wisconsin does so ordain as follows:
1. Title.
This Ordinance shall be known as, referred to, or cited as the Buffalo County Uniform Addressing
Ordinance.
2. Authority.
The provisions of this Ordinance are adopted pursuant to the authority granted by Wisconsin Statutes
ss. 59.54(4).
3. Purpose.
The purpose of this Ordinance is to promote and protect the health, safety, and general welfare of the
public of Buffalo County by providing the most practical, efficient, and logical means of physically
locating properties and structures located in the County. The primary and vital purpose of an
addressing system is to provide the means and standards for the most rapid location of property by
emergency service providers including; emergency medical service, fire departments, law
enforcement, and other first responders and service agencies. The system will also serve the U.S.
Postal Service and the public at large in the timely and efficient delivery of services.
It is the intent of this Ordinance to establish the method by which address numbers are assigned, as
well as how signs are obtained, installed, and maintained. It is further intended to provide for
requirements for road naming and the review process and responsibilities involved in assuring all
public and private drives are named and signed in accordance with accepted criteria.
4. Jurisdiction.
The jurisdiction of this Ordinance shall include all lands and water in Buffalo County located outside
the limits of incorporated cities and villages.
5. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing
ordinances, rules, or regulations adopted by Buffalo County. However, wherever this Ordinance
imposes greater restrictions, the provisions of this Ordinance shall govern.
6. Severability.
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
This Ordinance shall not create liability on the part of, or cause action against, Buffalo County or any
office or employee thereof for any damages that may result from reliance on this Ordinance.
7. Effective Date.
This Ordinance shall be effective upon adoption by the Buffalo County Board of Supervisors and
shall take effect the day of adoption.
4

CHAPTER 2
UNIFORM ADDRESSING SYSTEM
1. Addressing System.
A. Grid System. The official addressing system of Buffalo County is the grid system as
established and mapped by the County in 1989. The official addressing map is kept on file in
the office of the GIS Coordinator.
B. Address Number Determination. The grid system so established allows for only 50 even and
50 odd numbered addresses per mile of roadway, the equivalent of one address every 52.8 feet
of road length on each side of a road. An address number designates the intersection point of
a driveway centerline with a public road. Address numbers are derived from measurements
taken from the north or east grid section with the result adjusted to correspond to the side of
the road the subject driveway and property are located on.
C. Even / Odd Address Number Determination. All driveways and properties on the east side of
north-south road and all driveways and properties on the north side of east-west road shall be
assigned even numbers. All driveways and properties on the west side of north-south roads
and all driveways and properties on the south side of east-west roads shall be assigned odd
address numbers. Roads that loop or circle may be addressed in a manner that keeps the even
numbers on one side and odd numbers on another side, avoiding potential ‘flip-flop’ in the
even/odd designations.
D. Address Prefix Determination. All address numbers assigned to north-south road shall be
preceded by an “S”. All address numbers assigned to east-west road shall be preceded by a
“W”.
E. Official Address. The official uniform address number will be a combination of the grid
number determination with the appropriate alpha prefix and the road name such as: S1234
Chicken Valley Road.
2. Applicability.
A. Applicability. The Uniform Addressing System shall apply to:
1. All dwellings as defined in the Buffalo County Zoning Ordinance with the exception of
Accessory Dwellings.
2. Primitive Hunting Cabins.
3. Recreational Vehicles placed or located for a period of more than 30 (thirty) days.
4. All Commercial and Industrial structures.
5

5. All Principal Structures, defined as the primary or predominant structure on a property
that relates to the overall use of the property.
6. Upon the first issuance of a zoning permit allowing the construction of a structure on a
property.
7. Vacant land only upon application by the property owner.
3. Address Assignment.
A. Uniform Address Application. The owner(s) of property which require the assignment of an
address number or a replacement sign shall complete a ‘Uniform Address Application’ and
submit the form and the designated fee to the Zoning Department.
The Uniform Address Application shall be submitted prior to the issuance of a zoning permit
allowing the construction of a principal structure.
B. Address Assignment.
1. Upon receipt of an application and fee, the Zoning Department shall determine and assign
an address number. Upon address assignment the determination will be forwarded to the
GIS Coordinator and the E911 Coordinator for review.
2. Address numbers shall be assigned on the basis of the location of the centerline of the
driveway access point as it intersects the public roadway or named private drive.
3. Principal structures with multiple driveway access points shall be addressed based on the
location of the midpoint of the two outer driveway access points. If one driveway access
point is elongated and accesses at a significant distance from the principal structure, the
principal structure shall be addressed based on the location of the access point closest to
the principal structure.
4. If a new address conflicts with one or more existing address numbers, the existing address
numbers shall be changed to resolve the conflict. The cost of replacement signs shall be
the responsibility of the property owner requiring the new address.
5. If the location of the driveway access point changes the Zoning Department shall be
notified. The existing address number may remain unless or until such time the change
disrupts the orderly and uniform addressing system as detailed in this Ordinance.
6. Changing the location of the driveway to another roadway shall require the principal
structure to be re-addressed.
7. Principal structures with the main front entrance facing one roadway and having a
driveway accessing upon another roadway shall be addressed based on the location of the
driveway access point.
6

8. Address numbers along the same road shall not be duplicated.
9.

Parcels or properties with two single family dwellings that are separated by more than
250 feet shall require separate addresses for each dwelling.

10. Duplexes, Twin Homes, or side by side dwelling structures shall each be assigned an
individual address number.
11. Apartment buildings and mobile home and RV parks shall be assigned one single address
number. Individual units in such groupings shall be referred to by apartment number or
unit number. Individual units must display the unit number in a consistent and
conspicuous manner on reflective signs with the alpha or numeric designation in figures a
minimum 2 inches in height. A map of the property showing the units or lots shall be
submitted to the Zoning Department.
12. Upon assignment of a new address or an address change the Zoning Department shall
notify in the form of a letter the: property owner, applicable Town Clerk, GIS Department,
postmaster, Sheriff’s Department-E911 Coordinator, local power/utility company, and the
County Treasurer.
13. Removal of an address number shall be done only under circumstances deemed
appropriate as determined by the Zoning Department in conjunction with the GIS
Coordinator and the E911 Coordinator.
14. In order to maintain the purpose and intent of this Ordinance the Zoning Department shall
have the authority to require pre-existing address numbers changed if such address
numbers do not conform to the uniform address system detailed in this Ordinance.
15. The GIS Coordinator shall be responsible for maintaining the Uniform Addressing
Database. Responsibility includes adding improved parcel additions and making available
road database information as requested. The E911 Coordinator shall be responsible for
updates to the MSAG (Master Street Address Guide) and shall also be responsible for
updating the Buffalo County Dispatch Center GIS data for the E911 mapping system.
4. Address and Signage Requirements for Shared Private Driveways.
A. Private Driveways Accessing Three or More Principal Structures.
1. All shared access driveways that have three or more addressed principal structures, as of
the date of adoption of this Ordinance, shall be defined as a private drive and shall be
named and signed according to regulations set forth in this Ordinance. All principal
structures accessing the private drive shall be re-addressed to coincide with the newly
named private drive.
2. All affected property owners are equally responsible for all costs associated with replacing
private road name signs and for all costs associated with re-addressing.
7

B. Private Driveways Accessing Two Addresses.
1. A shared access driveway with two existing addresses, as of the date of adoption of this
Ordinance, that becomes the driveway access for a third address, shall be defined as a
private drive and shall be named and signed according to regulations set forth in this
Ordinance. All principal structures accessing the private drive shall be re-addressed to
coincide with the newly named private drive.
2. From the date of the adoption of this Ordinance, any driveway over 200 feet in length that
accesses a single address and becomes a shared access driveway serving two or more
addresses shall be defined as a private drive and shall be named and signed according to
the regulations set forth in this Ordinance. All principal structures accessing the private
drive shall be re-addressed to coincide with the newly named private drive.
3. In all instances and situations listed in B. 1. and 2. above, the property owner that initiates
or causes the private drive to be named and signed is responsible for all costs associated
with placing private drive name signs and for all costs associated with re-addressing.
4. Private driveways over ½ mile in length which serve as access to two Dwellings shall be
defined as a private drive and shall be named and signed according to regulations set forth
in this Ordinance. Both dwellings shall be re-addressed to coincide with the named
private drive. Affected property owners are equally responsible for all costs associated
with placing private drive name signs and for all cost associated with re-addressing.
C. Applicable to All Private Drives.
1. All road surface maintenance, upkeep, and liability associated with a named private drive
shall remain with the respective property owners.
2. In situations where it is not required, property owners are allowed to name and sign their
private driveway provided it is over 100 feet in length. All costs associated with signing
and readdressing shall be at the property owner’s expense.
3. The replacement of private drive signs will be contracted for by the Zoning Department
with appropriate fees established and charged to the liable property owner/s.

8

CHAPTER 3
ADDRESS SIGN STANDARDS
1. Address Sign Design Specifications and Procurement.
A. Sign Specifications. Address signs shall be double-sided constructed using a 20 (twenty) inch
wide by 8 (eight) inch high aluminum blank upon which is attached a highly reflective
adhesive membrane. Address numbers and letters shall be 4 inches high and centered on the
sign. The Town name shall be located above the address number and shall be 1 (one) inch in
height. The road names shall be located below the address number and shall be 1 (one) inch
in height. All above lettering shall be reflective white in color on a blue reflective
background.
Example:
Town of Buffalo

S1234

Chicken Barn Rd.

B. Procurement. All address signs will be procured by the Buffalo County Zoning Department.

2. Placement of Address Signs.
A. Responsibility. All address signs will be installed by the Zoning Department or its designee.
B. Placement.
1. Signs shall be mounted on a steel signpost driven so that the sign is no less than 42 (fortytwo) inches and no more than 54 inches above the ground surface.
2. Signs shall be mounted so as to be perpendicular to the roadway and highly visible.
3. Address signs shall be installed on the right-hand side of the driveway, as the driveway is
viewed from the public roadway, whenever possible.
4. Signs shall be located no more than 10 (ten) feet from the road right-of-way and no more
than 10 (ten) feet from the driveway.
5. Mailboxes shall not be used to mount address signs.

9

3. Address Sign Maintenance.
It shall be the responsibility of the property owner to maintain all installed address signs that pertain
to his/her property. Maintenance includes notification to the Zoning Department when in need of
replacement, repairs, reinstallation, etc. Maintenance includes keeping signs free of obstructions to
visibility such as obscuring vegetation and snow mounds.
4. Existing Addresses.
Addresses that exist at the time of the adoption of this Ordinance but do not meet all provisions of
this Ordinance may be allowed to remain if approved by the Zoning Department and the GIS
Coordinator. If it is determined that there is a potential risk to life and safety an existing number
shall be changed in order to comply with the purpose and provisions of this Ordinance. In all cases
when an existing nonconforming address sign needs replacement a new address number shall be
assigned and a new sign obtained in compliance with the provisions of this Ordinance. In all cases
when a new or replacement sign must be ordered the property owner shall be responsible and liable
for all costs incurred.

CHAPTER 4
ROAD NAMING AND SIGN STANDARDS
1. Road Naming and Signing.
A. Road Naming.
1. Each Road shall have 1 (one) and only 1 (one) name. A named road should be essentially
continuous without gaps.
2. Road names shall only change when there is a substantial intersection, or at municipal
boundaries, not including Town boundaries. Town roads having more than one name
shall be renamed according to the requirements of this Ordinance.
3. There shall be no duplicate road names such as Pine Road and Pine Lane.
4. Roads with duplicate names existing at the time of adoption of this Ordinance will require
the renaming of one road to eliminate the duplicate.
5. There shall be no similar sounding names such as Beach Road and Beech Road, Main
Street and Maine Street, etc.
6. Roads with same or similar sounding names existing at the time of the adoption of this
Ordinance shall be allowed to continue in use.
7. Roads shall not be named after a commercial enterprise or a living person.
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8. When renaming roads, the road or road section with the most addressed properties along
its length, where a road name change would affect a greater number of residents, shall
retain its name.
9. When a new road name, a road name change, or a private drive name is sought, the
applicable Town or individual shall submit a ‘Road Name Approval Application’ to the
Zoning Department which shall have the authority, in concurrence with the GIS
Coordinator and the E911 Coordinator, to accept or reject proposed road names.
10. Road name abbreviations and special characters such as hyphens, apostrophes, periods,
and decimals are not permitted.
11. To achieve and maintain the stated purpose and intent of this Ordinance the Zoning
Department shall have the authority to require pre-existing road names and road signs to
be changed and or removed if such names are incorrect, duplicated and/or cause confusion
as to location for emergency and first responders.
2. Road & Private Drive Sign Standards and Responsibility.
A. Sign Standards.
1. Material. Signs shall consist of engineer grade highly reflective sheeting on aluminum or
other durable metal.
2. Color. Town Road signs shall consist of white lettering on a dark green background.
Private drive signs shall consist of white lettering on a dark yellow background.
3. Size. At minimum use 4 (four) inch letters for the name of the road on a 6 (six) inch flat
blade sign blank. At minimum use 2 (two) inch letters for “Road”, “Drive”, “Trail” etc.
and for “Pvt” on all private drive signs.
4. Visibility. Signs shall be free of bushes, tree limbs or other obstructions that may inhibit
the visibility of the sign. Signs naming all designated private drives shall be installed at
the intersection of the private drive with the public road.
5. Placement. Signs naming all intersecting public roads shall be installed at all intersections.
B. Responsibility.
1. Towns. Each Town in Buffalo County shall insure that all Town roads are properly
signed and all signs are placed and maintained at all intersections with other public roads.
Towns shall be responsible for maintaining and replacing road name signs upon
notification from the Zoning Department or the Buffalo County Sheriff’s Department.

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2. Costs. The costs associated with road name signs shall be the responsibility of each
individual Town.
3. Private Drives. Costs associated with private drive signs shall be the responsibility of the
respective landowners and shared equally. In cases of an additional address being located
on a private drive, costs of private drive name signs shall be the sole responsibility of that
property owner locating the additional address.
3. Private Drive Naming.
A. Naming.
1. All private drives shall end in “Trail” followed by “Pvt”, indicating a private drive.
2. Private Drives shall only be named after a species of mammal, tree, insect or bird.
3. Private drive names shall be submitted as a consensus of landowners along the private
drive being named. Names shall be submitted on a Road Name Approval Application to
the Zoning Department.

CHAPTER 5
PROHIBITIONS, ENFORCEMENT, PROSECUTION and PENALTIES.
1. Prohibitions.
A. The following are in violation of this Ordinance and are prohibited:
1. No person shall vandalize, destroy, damage, cover, obscure, or remove an official address,
public road or private drive sign.
2. No person shall relocate an officially placed address sign, public road or private drive sign
without the authorization of the Zoning Department.
3. No person shall fail to apply for a replacement address sign after the sign for that persons
property has been vandalized, destroyed or removed.
4. No person shall place or install a non-official address sign or road name or private drive
sign at or near the location of official signs. Exceptions will be approved in cases where
the property owner erects a temporary address sign until such time as the official sign is
ordered and installed.
5. It is unlawful for any person or corporation to intentionally refuse to have an address sign
or private drive sign installed or replaced.
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2. Enforcement
It shall be the duty of Buffalo County Zoning Department to enforce the provisions of this Ordinance
and investigate complaints and violations of said Ordinance.
3. Prosecution
Prosecution for violations of this Ordinance shall proceed as defined in the Buffalo County Zoning
Ordinance, Chapter 5, Section 3.
4. Penalties
Any person who shall violate any provisions of this Ordinance shall be subject to penalty(s) as
provided in the Buffalo County Zoning Ordinance, Chapter 5, Section 4.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

BUFFALO COUNTY
ZONING ORDINANCE
Adopted by the Board of Supervisors of Buffalo County
Ordinance no. 18-07-01

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July 23, 2018

Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

ACKNOWLEDGEMENT
Over the past few years numerous individuals have been involved in the development of the comprehensive
revision of the Buffalo County Zoning Ordinance and the Zoning District Map. Numerous meetings were held
throughout the County over this period to make the revised ordinance and map a reality. It was the
cooperative spirit of all involved that made this effort possible, effective and successful. We thank all who
have participated in this most important and needed effort.
BUFFALO COUNTY BOARD OF SUPERVISORS
Douglas Kane - Chair
Mary Anne McMillan Urell – Vice-Chair
Don Black
Lou Anne Roby
Don Hillert
Scott Smith
Nathan Nelson
Larry Grisen
David Danzinger
Nettie Rosenow
Dennis Bork
John Kriesel
Michael Taylor
Bernard Brunkow
BUFFALO COUNTY ZONING COMMITTEE
Lou Anne Roby – Chair
John Kriesel – Vice Chair
Bernard Brunkow
Michael Taylor
BUFFALO COUNTY TOWN CHAIRS
Alma – Thomas Huber
Belvidere – David Danzinger
Buffalo – Steve James
Canton – Sam Danzinger
Cross – Leonard Litscher
Dover – Dean Hestekin
Gilmanton – Marvin Meier
Glencoe – Cletus Foegen
Lincoln – Ray Secrist
Maxville – Herb Pelke
Milton – Bob Platteter
Modena – Dale Klopp
Mondovi – Clarence Castleberg
Montana – Jimmy Ellis
Naples – Dennis Olson
Nelson – Robert Carothers
Waumandee – Rick Reuter
All other Town Board officials and Town Clerks for their assistance.
MISSISSIPPI RIVER REGIONAL PLANNING COMMISSION
Peter Fletcher - Planner
Dave Bonifas - Planner
BUFFALO COUNTY ZONING DEPARTMENT STAFF
Michael J. Owecke – Zoning Administrator
Julie Lindstrom – Administrative Assistant
Keith Bollinger – Zoning Specialist
COORDINATING STAFF
Carrie Olson – County Conservationist
Jason Poser - GIS Systems Coordinator
BUFFALO COUNTY OFFICE OF CORPORATION COUNSEL
Tom Clark – Corporation Counsel
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

BUFFALO COUNTY
ZONING DEPARTMENT
.________________________.
ADMINISTRATION
Michael J. Owecke
Zoning Administrator
Keith Bollinger
Zoning Specialist
Julie Lindstrom
Administrative Assistant

._________________.
Inquiries about this ordinance may be directed to:
Buffalo County Zoning Department
407 S. 2nd St.
P.O. Box 492
Alma, WI 54610
Phone: (608) 685-6218
Website: //www.buffalocounty.com

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

BUFFALO COUNTY ZONING ORDINANCE
TABLE OF CONTENTS
CHAPTERS

CHAPTER 1: TITLE; AUTHORITY; GENERAL PROVISIONS .................................................................... 12
CHAPTER 2: ZONING ADMINISTRATOR .................................................................................................... 16
CHAPTER 3: ZONING COMMITTEE ............................................................................................................. 19
CHAPTER 4: ZONING PERMITS .................................................................................................................... 23
CHAPTER 5: ENFORCEMENT AND PENALTIES ........................................................................................ 29
CHAPTER 6. BOARD OF ADJUSTMENT: PROVISIONS, APPEALS, VARIANCES, CONDITIONAL
USE PERMITS............................................................................................................................................. 33
CHPATER 7: ZONING DISTRICTS ................................................................................................................ 49
CHAPTER 8: ZONING DISTRICT REQUIREMENTS AND ZONING MAPS …………………………….85
CHAPTER 9: SPECIFIC USES ......................................................................................................................... 90
CHAPTER 10: NONCONFORMING USES, STRUCTURES, AND LOTS .................................................. 124
CHAPTER 11: HIGHWAY SETBACKS AND VISION CLEARANCE ....................................................... 128
CHAPTER 12: PARKING, LOADING, AND DRIVEWAYS ........................................................................ 133
CHAPTER 13: SCENIC EASEMENTS & THE GREAT RIVER ROAD ...................................................... 139
CHAPTER 14: BLUFFLANDS AND STEEP SLOPES .................................................................................. 141
CHAPTER 15: MISSISSIPPI RIVER TOURISM AND RECREATION OVERLAY DISTRICT ................ 146
CHAPTER 16: MOBILE TOWER SITING ..................................................................................................... 149
CHAPTER 17: ABANDONED BUILDINGS ................................................................................................. 160
CHAPTER 18: OUTDOOR FURNACES, OPEN BURNING AND REFUSE BURNING…………………162
CHAPTER 19: SIGNS ...................................................................................................................................... 166
CHAPTER 20: NONMETALLIC MINING..................................................................................................... 182
CHAPTER 21: DEFINITIONS ........................................................................................................................ 203

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

TABLE OF CONTENTS
Page No.
Chapter 1: Title; Authority; General Provisions ....................................................................................... 12
Section:
1. Title ...................................................................................................................................................... 12
2. Authority ............................................................................................................................................. 12
3. Contents ............................................................................................................................................... 12
4. Jurisdiction ............................................................................................................................................ 12
5. Purpose & Intent .................................................................................................................................. 13
6. Interpretation ......................................................................................................................................... 13
7. Relationship to Buffalo County Comprehensive Land Use Plan ........................................................ 13
8. Severability .......................................................................................................................................... 14
9. Abrogation and Greater Restrictions ................................................................................................... 14
10. Force & Effect ..................................................................................................................................... 14
11. Compliance .......................................................................................................................................... 15
12. Vesting of Rights ................................................................................................................................. 15
13. Disclaimer ............................................................................................................................................ 15
Chapter 2: Zoning Administrator .................................................................................................................. 16
Section:
1.
2.
3.
4.
5.

Establishment ....................................................................................................................................... 16
Reasonable Accommodations for Handicapped Persons .................................................................... 16
Coincident with the Issuing of a Permit .............................................................................................. 16
Stop Work Order .................................................................................................................................. 17
Zoning Administrator Duties and Powers ............................................................................................ 17

Chapter 3: Zoning Committee ........................................................................................................................ 19
Section:
1. Establishment ....................................................................................................................................... 19
2. Duties and Responsibilities .................................................................................................................. 19
3. Conflicts of Interest ............................................................................................................................. 19
4. Petition to Change District Boundaries - Rezone ................................................................................. 20
5. Petitions to Make Amendments to the Zoning Ordinance Text .......................................................... 21
Chapter 4: Zoning Permits.............................................................................................................................. 23
Section:
1. Purpose ................................................................................................................................................. 23
2. Authority .............................................................................................................................................. 23
3. Applicability ........................................................................................................................................ 23
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

4. Disclaimer ............................................................................................................................................. 24
5. Applications for a Zoning Permit ........................................................................................................ 24
6. Reasonable Accommodations for Handicapped Person ...................................................................... 26
7. Permit Fees .......................................................................................................................................... 27
8. Zoning Permit Application Criteria ..................................................................................................... 27
9. Where Zoning Permits are not Required ............................................................................................. 27
10. Validity and Time Review.................................................................................................................... 27
Chapter 5: Enforcement and Penalties .......................................................................................................... 29
Section:
1. Authority .............................................................................................................................................. 29
2. Violations ............................................................................................................................................. 29
3. Prosecution ........................................................................................................................................... 30
4. Penalties ................................................................................................................................................ 31
5. After-the-Fact Fee for Work Commenced Prior to Obtaining a Zoning Permit ................................. 31
6. After-the-Fact Conditional Use & Variance Application Fees ............................................................ 31
Chapter 6: Board of Adjustment Provisions, Appeals, Variances, Conditional Use Permits ................. 33
Section:
1. Establishment ....................................................................................................................................... 33
2. Membership ......................................................................................................................................... 33
3. Operation & Rules ............................................................................................................................... 33
4. Powers................................................................................................................................................... 35
5. Conflicts of Interest ............................................................................................................................. 36
6. Procedure for Hearings ......................................................................................................................... 37
7. Variances ............................................................................................................................................. 42
8. Appeals ................................................................................................................................................ 43
9. Conditional Use Permits ...................................................................................................................... 44
Chapter 7: Zoning Districts ............................................................................................................................ 49
Section:
1. Zoning Districts .................................................................................................................................... 49
Subsection:
A. Agriculture/Natural Resource – 40 (ANR-40) ............................................................................. 49
B. Agriculture/Natural Resource – 20 (ANR-20) ............................................................................. 55
C. Agriculture/Natural Resource – 10 (ANR-10) ............................................................................. 60
D. Agriculture/Natural Resource – 5 (ANR-5) ................................................................................. 65
E. Agriculture/Natural Resource Transition – 5 (ANRT-5) ............................................................. 70
F. Residential (R) .............................................................................................................................. 74
G. Conservation (CONS) ................................................................................................................... 76
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

H. Commercial (C) ............................................................................................................................ 77
I. Industrial (I) .................................................................................................................................. 80
Chapter 8: Zoning District Requirements and Zoning District Maps ....................................................... 84
Section:
1. Zoning District Requirement Table ..................................................................................................... 84
2. Density ................................................................................................................................................. 85
3. Setbacks ............................................................................................................................................... 85
4. Lot Requirements ................................................................................................................................. 85
5. Lots of Record ..................................................................................................................................... 86
6. Determination of Uses Not Listed ....................................................................................................... 86
7. Maximum Residential Density Calculations in the Agriculture/Natural Resource–20,
Agriculture/Natural Resource – 10, Agriculture/Natural Resource – 5, Agriculture/Natural
Resource Transition– 5 Districts ...................................................................................................... 86
8. Zoning Maps ......................................................................................................................................... 87
9. Structure Height .................................................................................................................................... 88
Chapter 9: Specific Uses .................................................................................................................................. 89
Section:
1. Purpose ................................................................................................................................................. 89
2. Applicability ........................................................................................................................................ 89
3. Accessory Dwellings ........................................................................................................................... 89
4. Bed & Breakfast Establishments .......................................................................................................... 90
5. Campgrounds ....................................................................................................................................... 92
6. Campground, Special Event ................................................................................................................. 94
7. Captive Wildlife Operations ................................................................................................................ 94
8. Commercial Outdoor Entertainment/Recreation ................................................................................. 95
9. Concrete or Asphalt Plant - Permanent ............................................................................................... 97
10. Concrete or Asphalt Plant - Temporary ............................................................................................... 97
11. Domestic Fowl in the Residential District ........................................................................................... 97
12. Farm Animals on Small Parcels .......................................................................................................... 99
13. Fur Farms ............................................................................................................................................. 98
14. Home Business ..................................................................................................................................... 99
15. Home Occupations ............................................................................................................................ 100
16. Home or Farm Based Businesses ....................................................................................................... 101
17. Inoperable Motor Vehicles ................................................................................................................ 102
18. Kennels .............................................................................................................................................. 103
19. Livestock Structure Siting ................................................................................................................. 104
20. Manufactured Homes ......................................................................................................................... 105
21. Manufactured / Mobile Home Communities .................................................................................... 106
22. Mini Warehouse Storage Facility ....................................................................................................... 109
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

23. Mobile Homes ................................................................................................................................... 110
24. Poultry Barns ...................................................................................................................................... 111
25. Primitive Hunting Cabins .................................................................................................................. 113
26. Private Interment/Burials ................................................................................................................... 114
27. Recreational Dwellings ...................................................................................................................... 114
28. Recreational Vehicles ........................................................................................................................ 115
29. Riding Stables, Commercial .............................................................................................................. 116
30. Salvage Operations ............................................................................................................................ 116
31. Sawmills, Temporary & Permanent .................................................................................................. 118
32. Sawmills, Temporary.......................................................................................................................... 118
33. Semi-Trailers & Shipping Containers ............................................................................................... 118
34. Small Fire Arms Firing Ranges .......................................................................................................... 119
35. Tourist Rooming Houses .................................................................................................................... 121
Chapter 10: Nonconforming Uses, Structures, and Lots ........................................................................... 123
Section:
1. Purpose & Intent ................................................................................................................................. 123
2. Nonconforming Uses ......................................................................................................................... 123
3. Nonconforming Structures ................................................................................................................ 124
4. Nonconforming Lots........................................................................................................................... 126
5. Existing Conditional Uses .................................................................................................................. 126
Chapter 11: Highway Setbacks and Vision Clearance............................................................................... 127
Section:
1. Purpose................................................................................................................................................ 127
2. Jurisdiction ......................................................................................................................................... 127
3. Highway Classification & Setbacks .................................................................................................. 127
4. Vision Triangle ................................................................................................................................... 130
5. Scenic Roadsides ................................................................................................................................ 131
Chapter 12: Parking, Loading, and Driveways .......................................................................................... 132
Section:
1. Purpose ............................................................................................................................................... 132
2. Parking Requirements......................................................................................................................... 132
3. Design Requirements ......................................................................................................................... 133
4. Handicapped Parking.......................................................................................................................... 134
5. Loading Requirements ....................................................................................................................... 134
6. Driveways ........................................................................................................................................... 135

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

Chapter 13: Scenic Easements & Great River Road.................................................................................. 138
Section:
1. Authority ............................................................................................................................................ 138
2. Intent ................................................................................................................................................... 138
3. Easement Terms, Typical .................................................................................................................. 138
4. Buffalo County Permitting ................................................................................................................ 139
Chapter 14: Blufflands and Steep Slopes .................................................................................................... 140
Section:
1. Purpose & Intent ................................................................................................................................. 140
2. Steep Slopes ........................................................................................................................................ 140
3. Bluff Development ............................................................................................................................ 141
4. Mississippi River Headland Bluffs – (MRHB) .................................................................................. 143
Chapter 15: Mississippi River Tourism and Recreation Overlay District............................................... 145
Section:
1. Purpose ............................................................................................................................................... 145
2. Jurisdiction .......................................................................................................................................... 145
3. Use Regulations ................................................................................................................................. 146
4. Existing Permitted Uses & Conditional Uses..................................................................................... 146
Chapter 16: Mobile Tower Siting ................................................................................................................. 148
Section:
1. Purpose ............................................................................................................................................... 148
2. Definitions .......................................................................................................................................... 148
3. Exceptions .......................................................................................................................................... 150
4. Siting & Construction ......................................................................................................................... 150
5. Class 2 Collocation ............................................................................................................................ 153
6. Abandonment, Removal & Security for Removal ............................................................................. 154
7. Mobile Service Support Structures, Antenna and Facilities Requirement ........................................ 155
8. Location and Separation Requirements ............................................................................................. 156
9. Severability ........................................................................................................................................ 157
10. Transferability of Mobile Tower Siting Zoning Permits .................................................................. 157
11. Limitations ......................................................................................................................................... 157
Chapter 17: Abandoned Buildings ............................................................................................................... 159
Section:
1. Purpose and Intent ............................................................................................................................ 159
2. Applicability ..................................................................................................................................... 159
3. Administration ................................................................................................................................. 159
4. Definition ......................................................................................................................................... 159
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

5. Reasonableness of Repair ................................................................................................................ 160
6. Permit Required ............................................................................................................................... 160
7. Service of Order ............................................................................................................................... 160
8. Failure to Comply with Order .......................................................................................................... 160
9. Foundation and Building Site .......................................................................................................... 160
10. Site Safety and Security ................................................................................................................... 161
11. Sale of Salvage .................................................................................................................................. 161
12. Required Work and Approvals ........................................................................................................ 161
13. Exception .......................................................................................................................................... 161
Chapter 18: Outdoor Furnaces, Open Burning and Refuse Burning ..................................................... 162
Section:
1. Purpose ............................................................................................................................................. 162
2. Applicability ..................................................................................................................................... 162
3. Materials that May Not Be Burned .................................................................................................. 162
4. Open Burning of Leaves, Brush, Clean Wood and Other Vegetative Debris ................................. 163
5. Burn Barrels ..................................................................................................................................... 163
6. Outdoor Wood-Fired Furnaces ........................................................................................................ 164
7. Liability ............................................................................................................................................ 164
Chapter 19: Signs ........................................................................................................................................... 165
Section:
1. Purpose ............................................................................................................................................. 165
2. Administration ................................................................................................................................. 166
3. Illumination of Signs ....................................................................................................................... 168
4. Computation and Rules of Measurement ......................................................................................... 169
5. Location Standards for All Signs ..................................................................................................... 169
6. General Standards ............................................................................................................................ 170
7. Design Standards .............................................................................................................................. 170
8. Substitution ...................................................................................................................................... 171
9. Maintenance of Signs ....................................................................................................................... 171
10. Abandoned Signs ............................................................................................................................. 172
11. Nuisance ........................................................................................................................................... 173
12. Removal of Signs ............................................................................................................................. 173
13. Enforcement and Penalties ............................................................................................................... 173
14. Prohibited Signs ............................................................................................................................... 174
15. Signs Allowed Without a Permit ..................................................................................................... 174
16. Temporary Signs .............................................................................................................................. 174
17. Exempt Signs ................................................................................................................................... 175
18. Parking Lot Identification Signs ...................................................................................................... 176
19. Public Signs ...................................................................................................................................... 176
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

20. Seasonal Signs .................................................................................................................................. 176
21. Signs Allowed With a Permit .......................................................................................................... 176
22. On-Premise Building Mounted Signs .............................................................................................. 176
23. On-Premise Free Standing Signs ..................................................................................................... 177
24. Off-premise Free Standing Signs ..................................................................................................... 178
25. Changeable Copy and Electronic Message Center Signs ................................................................ 178
26. Billboards ......................................................................................................................................... 178
27. Nonconforming Signs ...................................................................................................................... 179
Chapter 20: Non-metallic Mining................................................................................................................. 181
Section
1. Purpose ............................................................................................................................................... 181
2. Applicability – Zoning Districts ......................................................................................................... 181
3. General Standards .............................................................................................................................. 181
4. Applications for Nonmetallic Mines .................................................................................................. 182
5. Application Review ........................................................................................................................... 183
6. Complete Application ......................................................................................................................... 184
7. Application Modification ................................................................................................................... 185
8. Mining Operation Plan ....................................................................................................................... 185
9. Mine Site Maps .................................................................................................................................. 186
10. Surface Water & Groundwater – Water Quality and Water Usage .................................................. 188
11. Top Soil Management / Land Alteration ............................................................................................ 190
12. Hazardous Materials & Hazardous Wastes ....................................................................................... 191
13. Air Quality .......................................................................................................................................... 192
14. Blasting .............................................................................................................................................. 192
15. Lighting............................................................................................................................................... 193
16. Screening ........................................................................................................................................... 193
17. Mine Site Buffers ............................................................................................................................... 193
18. Hours of Operation ............................................................................................................................ 194
19. Noise Control & Hours of Operation ................................................................................................ 195
20. Terms of Conditional Use Permit ....................................................................................................... 196
21. Board of Adjustment Adjudication ................................................................................................... 197
22. List of Standard Conditions ................................................................................................................ 198
23. Inspections ......................................................................................................................................... 199
24. Permit Transfers & Modifications ..................................................................................................... 200
25. Permit Termination ............................................................................................................................. 200
26. Violations ........................................................................................................................................... 201
27. Permit Cancellation ............................................................................................................................ 201
Chapter 21: Definitions.................................................................................................................................. 202

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

CHAPTER 1
TITLE; AUTHORITY; GENERAL PROVISIONS
The County Board of Supervisors of Buffalo County, Wisconsin does ordain as follows:
1. Title.

This Ordinance shall be knows as, referred to, or cited as the Buffalo County Zoning Ordinance
hereinafter referred to as “this ordinance”
2. Authority.

The provisions of this Ordinance are adopted pursuant to the authority granted by Wisconsin Statutes
ss. 59.51, 59.696, 59.697, 56.698, 59.69, and 59.692; in addition it employs those powers and
provisions provided for in ss.59.694, 91.71 through 91.79, and 281.31. This Ordinance shall
constitute a comprehensive revision, as described in s. 59.69 (5)(d) Wis. Stats., of the 1965 Buffalo
County Zoning Ordinance and its subsequent amendments.
3. Contents.

This ordinance consists of both written text and zoning maps, which shall, at all times, be considered
as parts of a whole. In addition, other maps and materials referenced in the text are used to support
this Ordinance.
4. Jurisdiction.

The jurisdiction of this Ordinance shall apply to all land and water located outside the limits of
incorporated cities and villages, subject to Town approval, as provided in Wis. Stat. s. 59.69.
Upon enactment by the Buffalo County Board of Supervisors, this Ordinance shall go into full force
and effect as follows:
A. Enactment. This ordinance shall go into effect upon approval by the applicable Town Board
and upon filing with the Buffalo County Clerk, by the applicable Town Clerk, a certified copy
of an approving resolution attached to one copy of this Ordinance, as provided in s. 59.69 (5)
(c), Wis. Stats.
B. Endorsement. The Buffalo County Zoning Ordinance of 1965, as amended, shall remain in
effect in all Towns in the County which did previously ratify the same for a period of one year
following the adoption of this Ordinance by the Buffalo County Board of Supervisors, except
for those Towns whose Town Boards, who shall, prior to the end of said one (1) year period
of time, ratify the application of this comprehensive revision, in which event the 1965
ordinance shall become ineffective and this Ordinance shall replace it. If a Town Board of a
Town which is a party to the 1965 Ordinance fails to adopt this comprehensive revision on or
before the passage of one (1) year from the time of adoption of this Ordinance by the County
Board of Supervisors, neither this Ordinance nor the 1965 Ordinance shall remain in effect in
that Town.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

5. Purpose and Intent.

The purpose and intent of this Ordinance is to promote and protect the public health, safety and
general welfare. Specific purposes of this Ordinance shall include but not be limited to:
A. Aid in the implementation of the Buffalo County Comprehensive Land Use Plan and other
land use plans as might be adopted and amended from time to time both prior to and after the
adoption of this Ordinance.
B. Guide the distribution and location of various land uses by the establishment of zoning
districts which applies where the County has zoning jurisdiction.
C. Encourage planned and orderly land use and development.
D. Conserve the natural resources of the County, including agricultural lands, forests, wetland,
and surface and groundwater resources.
E. Protect and conserve property values, economic stability and the property tax base.
F. Facilitate adequate provisions for highway, utility, education, health, emergency response and
recreation facilities.
G. Encourage land uses which are in accordance with their character and suitability.
H. Encourage land use and location of structures which is compatible with existing and planned
land uses, and prohibit and control land uses deemed incompatible with nearby land uses.
I. Protect and conserve the scenic beauty and amenities of the natural and geographic features of
the County.
J. Protect and conserve the soil resources of the County by managing erosion and stormwater
runoff from development sites.
K. Provide for the administration and enforcement of this Ordinance and prescribe penalties for
the violation of this Ordinance or any amendments to this Ordinance.
6. Interpretation
The provisions of this Ordinance shall be construed to be minimum requirements and shall be
liberally construed in favor of the County; and shall not be deemed a limitation or repeal of any other
power granted by Wisconsin Statutes. Further interpretation and application of the provisions of this
Ordinance shall take into account the purposes of this Ordinance.
7. Relationship to Buffalo County Comprehensive Land Use Plan.
The County Board has formally adopted a Comprehensive Land Use Plan, pursuant to Wisconsin
Statutes Section 66.1001(4)(c). The County Comprehensive Plan is intended to guide the physical
development of the County over a 20 year planning period and serve as the partial basis for this
Ordinance. The County Board may, from time to time, amend the Comprehensive Plan following the
procedure included in Wisconsin Statutes Section 66.1001. This Ordinance implements aspects of the
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

Comprehensive Plan that are best addressed through zoning approaches, as enabled and in certain
cases required by Wisconsin Statutes. In accordance with Wisconsin Statutes Sections 91.38(1)(f)
and 66.1001(3), this Ordinance is consistent with the Comprehensive Plan. In accordance with
Wisconsin Statutes Section 66.1001(1)(am), consistent with means “furthers or does not contradict
the objectives, goals, and policies contained in the Comprehensive Plan.” All subsequent
amendments to the text of this Ordinance and the Official Zoning Map contained herein shall also be
consistent with the Comprehensive Plan goals, objectives, and policies, in accordance with Wisconsin
Statutes.
8. Severability.
Should any section, paragraph, clause, provision or portion of this Ordinance be adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall
not be affected, thereby. If any application of this Ordinance to a particular structure, land, or water is
adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be
applicable to any other structure, land, or water not specifically included in said judgment. The
County does not guarantee, warrant, or represent that only those areas designated as floodplains will
be subject to periodic inundation and hereby asserts that there is no liability on the part of the County,
its agencies or employees for any flood damages that may occur as a result of reliance upon and
conformance with this Ordinance. This Ordinance shall not create liability on the part of, or cause
action against, Buffalo County or any office, or employee thereof for any damages that may result
from reliance on this Ordinance.
9. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, other existing county ordinances, rules,
regulations, or permits previously issued under existing ordinances and regulations. However,
wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
A. Enforcement. Buffalo County shall not enforce any easement, covenant, deed restriction, or
agreement to which it is not a party.
B. Intent. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with
any permit previously issued pursuant to Buffalo County ordinances.
10. Force and Effect.
This Ordinance shall affect the unincorporated areas of Buffalo County, or applicable portions
thereof.
A. Enactment. This Ordinance shall go into effect upon approval by the applicable Town Board
and upon filing with the Buffalo County Clerk by the applicable town clerk a certified copy of
an approving resolution attached to one copy of this Ordinance, as provided in s. 59.69 (5) (c)
Wis. Stats.
B. Endorsement. The Buffalo County Zoning Ordinance of 1965, as amended, shall remain in
effect in all towns in the County which did previously ratify the same for a period of one (1)
year following the adoption of this Ordinance by the County Board of Supervisors except for
those Towns whose Town Boards shall, prior to the end of said one (1) year period of time,
ratify the application of this comprehensive revision, in which event the 1965 Ordinance shall
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

become ineffective and this Ordinance shall replace it. If a Town Board of a Town which is a
party to the 1965 Ordinance fails to adopt this comprehensive revision on or before the
passage of one (1) year from the time of adoption of this Ordinance by the County Board of
Supervisors, neither this Ordinance nor the 1965 Ordinance shall thereafter remain in effect in
that Town.
11. Compliance.
A. Provisions of Ordinance. No structure, land or water shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, move, reconstructed, extended, converted or
structurally altered without full compliance with the provisions of this Ordinance and all other
applicable local, county and state regulations.
B. Jurisdiction. Unless specifically exempt by law, all cities, villages, towns, and counties are
required to comply with this Ordinance and obtain all necessary permits in areas under the
jurisdiction of this Ordinance.
C. Use of Property. The owners or occupants of all land uses and structures regulated under this
ordinance shall be required to maintain compliance in their use of property with all applicable
state and local laws, rules and regulations and compliance with this Ordnance shall not be
interpreted by them as affording them with the right or ability to avoid compliance with other
applicable laws, rules or regulation.
12. Vesting of Rights.
No rights to any particular use vest in any property owner simply because the use is permitted by this
Ordinance. Such use may be prohibited or restricted by future amendments to this Ordinance.
However, the approval and issuance of a permit shall vest in the property owner the right to use the
property in the manner specifically approved by the permit, unless and until the permit expires.
Rights afforded to nonconforming uses and structures under this Ordinance will not be interfered
with as a result of application of this Ordinance.
13. Disclaimer of Liability.
This ordinance shall not create liability on the part of, or cause of action against, Buffalo County or
any office, or employee thereof for any damages that may result from reliance on this Ordinance.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

CHAPTER 2
ZONING ADMINISTRATOR
1. Establishment.
There is hereby created the office of Zoning Administrator for Buffalo County who shall have the
following duties and powers.
A. Provisions of the Ordinance. The provisions of this Ordinance shall be administered by or
under the zoning administrator. The county Human Resource Committee shall be the
appointing authority for the position of Zoning Administrator.
B. Duties of the Zoning Administrator. It shall be the duty of the Zoning Administrator to
receive applications for zoning permits and such other permits, contracts and licenses
provided in this ordinance, and to issue such permits after applications have been examined
and approved; to inspect proposed development sites and property for compliance with the
regulations of this Ordinance; to make periodic inspections; to take such actions as may be
necessary for the enforcement of the regulations provided herein; to attend all meetings of the
Zoning Committee and Board of Adjustment.
2. Reasonable Accommodations for Handicapped Persons.
The Zoning Administrator may issue a zoning permit that waives specified requirements of this
ordinance. Following are determinations of requested accommodations for handicapped persons:
A. Equal Housing Opportunities or Equal Access to Public Accommodations. It is necessary to
afford handicapped or disabled persons equal housing opportunities or equal access to public
accommodations.
B. Adequate Relief. Minimum accommodation that will give the handicapped or disabled
persons adequate relief.
C. Intent of Ordinance. Will not unreasonably undermine the basic purpose of this Ordinance.
D. Waiver of Specific Zoning Provisions. If the zoning administrator issues a zoning permit that
waives specified zoning provisions, the permit will include a condition that the structure
authorized by the permit (such as an entrance ramp) shall be removed not more than (thirty)
30 days after the handicapped or disabled person vacates the property or the structure ceases
to be a public accommodation.
E. Denial of a permit. If the zoning administrator denies a permit requesting an accommodation
under this subsection, the denial may be appealed to the Buffalo County Zoning Board of
Adjustment.
3. Coincident with the Issuing of a Permit.
The Zoning Administrator shall prepare a certificate to show that a permit has been issued. This
certificate shall bear the same number as the permit and identify the construction and premises
covered by this permit. This certificate shall be posted in a conspicuous place on the premises during
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

the construction, and no construction shall be begun until this certificate has been posted. For
purposes of this ordinance, start of construction shall be when any earth disturbing activity takes
place that will lead to the installation of footings, piers, posts, pilings or foundations. Earth
disturbing activity for the purpose of soil evaluation or testing shall not be considered the start of
construction.
4. Stop Work Order.
Whenever the Zoning Administrator finds that any construction, development, land alteration, or
other land use does not comply with the provisions of this Ordinance, the zoning administrator shall
post, in a conspicuous place on the premises, a stop work order which shall cause all activity to cease
until the construction, development, land use is in compliance with all zoning ordinances of the
County.
A. Certifying Stop Work Order. A card certifying that a Stop Work Order has been issued shall
provide the following information:
1. Date of issuance
2. Town and section number
3. Reason for posting
4. Signature of the inspector posting the card
B. Removal. It shall be a violation of this Ordinance for the unauthorized removal of the card
from the premises.
5. Zoning Administrator Duties and Powers.
The Zoning Administrator or designee shall possess the following duties and powers:
A. Interpret and Administer. To interpret and administer this ordinance as well as all other
ordinances with administrative oversight by the zoning department as indicated within those
ordinances.
B. Assure Compliance. Assure the full and complete compliance with the Zoning Ordinance and
related Wisconsin Statutes and Administrative Code.
C. Administer, Supervise and Enforce. Administer, supervise or enforce this Ordinance as the
authorized representative of Buffalo County.
D. Application Forms. Provide to the public the necessary zoning permit application forms and
variance, conditional use, special exception, rezone and appeals forms.
E. On-Site Inspections & Investigations. Conduct all necessary on-site inspections and
investigations of structures, land and waters to certify compliance with this Ordinance.
F. Issue or Deny Permits. Issue or deny zoning application permits.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

G. Suspend or Revoke Permits. Suspend or revoke permits and/or issue stop work orders upon
determination of non-compliance with the terms of the permit and/or this Ordinance.
H. Investigate Complaints and Violations. Investigate complaints and alleged zoning violations
and give notice of all violations of this Ordinance to the owner, resident, agent or occupant of
the premises.
I. Notice of Non-Compliance. Issue Notice of Non-compliance for uncorrected violations of
this Ordinance and/or assist the Corporation Counsel in initiating citations and other
applicable enforcement proceedings.
J. Entry to Premises. Gain entry to premises, buildings and structures during reasonable hours
for the purpose of investigating applications for permits and for the general purpose of
determining compliance with this Ordinance or with any issued permit. If entry is refused
after presentation of proper identification, a special inspection warrant may be procured in
accordance with § 66.0119, Wis. Stats.
K. Record Retention. Keep and maintain permanent and current records of all permits issued,
site plans, inspections made; work approved and other official actions.
L. Advice to Applications. Advise applicants of zoning permits regarding the provisions of this
Ordinance and assist applicants, to the extent practical, in preparing required permit
applications.
M. Legal Notice. Assist in giving all legal notices required by state statutes or this Ordinance.
N. Technical and Advisory Assistance. Provide technical and advisory assistance during
hearings conducted by the Buffalo County Zoning Board of Adjustment or the Zoning
Committee, including the scheduling of public hearings and other meeting and the recording
of the actions, recommendations, and minutes of such bodies.
O. Referrals and Recommendations. Make referrals and recommendations to the Zoning
Committee and Board of Adjustment in accordance with this Ordinance.
P. Interpretations. Make interpretations regarding the permissibility of land uses in certain
zoning districts where such land uses are explicitly listed as permitted-by-right or as
conditional uses.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

CHAPTER 3
ZONING COMMITTEE
1. Establishment.
The Zoning Committee has been established pursuant to Section 59.69 (2) of the Wisconsin Statutes
and assumes thereby, all responsibilities, duties and powers as provided therein.
2. Duties and Responsibilities.
In addition to the duties and responsibilities specified under this Ordinance, the Zoning Committee, a
policy-making body, shall have additional and specific duties and responsibilities.
A. Public Hearings. Conduct public hearings.
1. Associated with petitions to amend the text of this Ordinance or to the official zoning
map.
2. Review and advise the County Board on appropriate amendments to the text of this
Ordinance or to the official zoning map, and initiate such amendments as it may deem
desirable, all in a manner that is consistent with the Buffalo County Comprehensive Land
Use Plan and that follows procedures established under Wisconsin Statutes Section 59.69.
3. Review and decide on applications for rezones in a manner that is consistent with the
Comprehensive Land Use Plan and make recommendations to the County Board of
Supervisors for or against text, map amendments and rezone applications.
B. Comprehensive Plan. Direct the preparation and updating of the County Comprehensive
Land Use Plan under Wisconsin Statutes 66.1001.
C. Development Plans. Review, approve or deny development plans for planned residential
developments.
D. Fees. Recommend fees for various permits, contracts, and approvals required and allowed
under this ordinance.
E. Rules and Procedures. Adopt rules and procedures as may be advisable in carrying out its
duties.
F. Other Duties and Responsibilities. Exercise such other duties and responsibilities as may be
directed by the County Board of Supervisors.
3. Conflicts of Interest.
Members of the Zoning Committee shall avoid conflicts of interest. As used here, a conflict of
interest shall include, but not necessarily limited to those listed below.
A. Review, Deliberating Upon or Voting on an Application.
1. Concerning oneself or work on land owned by oneself.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

2. Concerning a property located adjacent to or within one thousand (1,000) feet of one’s
property.
3. Involving a corporation, company, partnership, or any other entity in which the person is a
part owner, or has any other relationship where the person may stand to have a financial
gain or loss.
4. If such action results in a pecuniary benefit to oneself.
5. Concerning one’s spouse, child, stepchild, grandchild, brother, sister, parent, grandparent,
or member of one’s household.
6. Where an employee or employer of the member is:
a. An applicant or agent for an applicant
b. Has a direct interest in the outcome
B. Procedure. When a conflict of interest exists, the member shall do all of the following:
1. Declare that a conflict of interest exists at the next meeting of the Zoning Committee.
2. Cease to participate at the Zoning Committee meetings pertaining to the matter, until the
matter giving rise to the conflict has been decided; and refrain from representing oneself
before the Zoning Committee or Department staff.
4. Petitions to Change District Boundaries – Rezone.
The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the county zoning
map to include the parcel in a different zoning district than that in which it is currently located,
constitutes an amendment of this ordinance, and accordingly, the procedure for amending county
zoning ordinances set forth in Section 59.69(5)(e) of the Wisconsin Statutes must be followed in
making and considering any rezoning request.
A. Decision Making Criteria. The review and recommendation of the Zoning Committee and the
decision making of the County Board shall be based on the following:
1. Buffalo County Zoning Ordinance.
2. Consistence with the Town Comprehensive Plan.
3. Consideration of the Town Board recommendation as submitted in the form of the Towns
Acknowledgement Form.
4. Consistence with the Buffalo County Comprehensive Land Use Plan.
5. Proposed zoning is compatible with surrounding zoning districts and land uses.
6. Relevant public input.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

7. The community, general welfare and economic impacts of the proposal.
8. Consideration of the Zoning Department staff report.
B. Statement of Reasoning. The Zoning Committee shall state its reasons and rationale for its
recommendation of approval or denial of the petition in writing as required by Wis. Stat. §
59.69(5)(e)(4).
5. Petitions to Make Amendments to the Zoning Ordinance Text.
A. Purpose. The purpose of this subsection is to provide procedures for the review of proposed
amendments to the provisions of this ordinance, also referred to as “text amendments”. The
County Board may from time to time amend, remove, or add to such provisions in the manner
provided by Wisconsin Statutes Section 59.69 and as specified in this subsection.
B. Application for Text Amendment. Amendments to one (1) or more provisions of this chapter
shall be initiated by the filing of an application on a form provided by the Zoning Department.
Such application may be filed by any property owner affected by the provision of this
Ordinance, the town board of any town in which the provision is in effect by resolution, any
member of the County Board, or the Zoning Committee as a whole by resolution.
1. Complete Application. To be determined complete by the Zoning Administrator, the
application shall include the following:
a. The current provision(s) of this chapter proposed to be amended or deleted.
b. The text proposed to replace the current provision(s) of this chapter. The applicant
must consult with the Zoning Administrator in advance of preparing such text to
ensure that it is in proper format and the intent is clear.
c. Written justification for the proposed amendment, consisting of the reasons why the
amendment is in harmony with the purposes of this ordinance, the Subchapter in
which the amendment is proposed, and the Comprehensive Plan.
d. The required review fee.
C. Required Review Process. The review process for text amendments shall follow the
procedures specified under Wisconsin Statutes 59.69.
D. Text Amendment Review Criteria. In its review and action on the application, the County
Zoning Committee shall make findings with respect to the following criteria:
1. The proposed text amendment is consistent with the overall purpose and intent of this
Ordinance.
2. The proposed text amendment is consistent with the Buffalo County Comprehensive Land
Use Plan.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

3. Factors have changed from the time of initial Ordinance adoption that warrant the text
change, or an error, inconsistency, or technical problem administering this Chapter as
currently written has been observed.
4. If affecting the ANR-40 zoning district, meets all relevant requirements of Wisconsin
Statutes Section 91.38(1), as long as the County continues to intend for that district to be a
State-certified farmland preservation district.
E. Effect of Denial. No application which has not been enacted under this Subchapter shall be
resubmitted for a period of twelve months from the date of final County Board action, except
on grounds of new evidence or proof of change of factors found valid by the Zoning
Committee.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

CHAPTER 4
ZONING PERMITS
1. Purpose.
The purpose of this chapter is to specify the requirements and procedures for the issuance of zoning
permits. Zoning permits are issued by the County Zoning Administrator for projects and
developments as specified in this Ordinance in order to verify compliance with the provisions of the
Buffalo County Zoning Ordinance. A zoning permit is not a substitute for a building permit, which is
otherwise issued by the Uniform Development Code inspector. In certain cases, other land use
approvals, including but not limited to rezoning, conditional use permit, or variance approval is
required before a zoning permit may be issued.
2. Authority.
Permits shall be granted or denied by the Zoning Administrator or his designee, or the Board of
Adjustment upon appeal, and the applicant shall post such permits in a conspicuous place at the
development site.
3. Applicability.
A. Except as exempted under subsection nine (9), a zoning permit is required from the Zoning
Department in each of the following instances:
1. Before any structure is erected, affixed, moved, relocated, or structurally altered to
increase its floor area or footprint.
2. Before an area of ten thousand (10,000) square feet or greater may be altered by
excavation, grading, filing, or otherwise disturbed by earth moving activities resulting in
the loss or removal of protective ground cover or vegetation. All such activity shall
require an erosion control and stormwater management plan. Activities directly related
with planting, growing, and harvesting of agricultural crops are not considered land
alteration activities under this chapter and are, therefore, exempt from all the requirements
of this Section.
3. Before a land disturbing activity of five thousand (5,000) square feet or greater occurs on
slopes greater than twelve (12) percent. All such activity shall require an erosion control
and stormwater management plan.
4. Before any structure or building is altered which would affect a change in the existing
site’s or structure’s use.
5. Before any conditional use permit granted under the provisions of this Ordinance
commences operation or development.
6. Before the commencement of any structural modification or structural repair of an
existing nonconforming structure, or to a structure housing a non-conforming use.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

7. Before the creation of any surface water feature over five thousand (5,000) square feet in
area.
8. Before the start of any development or the establishment of any specific land use
described in this Ordinance for which a steep slopes development plan, stormwater
management plan, grading plan and/or erosion control plan is required.
9. Before any other land disturbing activity occurs where the Zoning Administrator
determines that high levels of erosion or stormwater runoff is likely. In such instances an
erosion control plan, stormwater management plan, or both shall be submitted for review.
10. Before any sign which requires a zoning permit under Chapter 19 is installed.
11. Before any remodeling, foundation or structural improvements or additions to nonconforming structures.
12. Any other instances that have been indicated in other chapters of this Ordinance.
13. A State or County sanitary permit shall be applied for and issued in accordance with the
Buffalo County Sanitary Ordinance and Wis. Admin. Code SPS 383 prior to the issuance
of a zoning permit allowing construction of a structure requiring a private on-site
wastewater treatment system.
14. No permits will be issued if the applicant/property owner is in violation of the Buffalo
County Zoning Ordinance, Sanitary Ordinance, Floodplain Ordinance, Subdivisison
Ordinance, Uniform Numbering System Ordinance or Shoreland Ordinance.
4. Disclaimer.
Any permit issued in conflict with the provisions of this Ordinance shall be null and void. Any
permit obtained through material misrepresentation shall be null and void.
5. Applications for a Zoning Permit.
A. Application Criteria. Applications for permits shall be made in writing to the Zoning
Department upon forms furnished by the Department and shall include the following:
1. Name and address of the owner/applicant and his agent: architect, engineer or contractor.
2. Description of the site by parcel identification number from tax rolls, lot and block numbers
and recorded subdivision or by metes and bounds, section, township and range, and address
of subject site.
3. Proof of ownership of the parcel.
4. Signature of the owner.
5. A complete description of the proposed development/land use.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

6. A site plan drawn to scale showing property boundaries, dimensions, elevations, uses and
all of the following:
a. Existing structures and proposed new structures or additions.
b. Existing and proposed easements, streets, and other public ways.
c. Off street parking, loading areas, and driveway location.
d. Distances from property lines and road centerline.
e. Water features and potential wetlands.
f. The location of any well(s) and/or septic system(s).
g. Visual clearance triangles required in accordance with Chapter11.
h. Permit for highway access from the appropriate highway authority.
i. North Arrow.
j. For new dwellings, a copy of the Erosion Control Plan required for UDC-Building
Permit applications.
7. Additional pertinent information as may be required by the Zoning Administrator in order
to determine full compliance with the requirements of this Ordinance and other Buffalo
County Ordinances.
8. Payment of the applicable fee.
B. Visible Staking of Corners. The owner or his or her agent shall have all corners visibly
staked prior to requesting an inspection. If the Zoning Administrator is unable to accurately
verify the location of a building on its lot, he or she may require that a survey map be
prepared by a registered land surveyor that will show the location of the building on its lot
before allowing construction to continue.
C. Evidence of property lines. Prior to granting any permit required under this chapter, it is the
duty of the property owner to present satisfactory evidence to the Zoning Administrator or
his designee as to the location of the property lines relevant to the permit application. The
property owner/applicant may meet the evidence requirement by identifying the existing plat
and certified survey markers. The Zoning Administrator may accept a mutually
acknowledged lot line confirmed in writing by abutting property owners. In any case where
the Administrator should reasonably question the location of a property line, the
Administrator may require a licensed survey thereof. The owner/applicant is responsible for
survey costs. Granting a permit does not in itself determine property lines or represent the
respective property rights of adjacent property owners.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

D. Paid Expertise. For applications of a non-routine nature for which the Zoning Administrator
expects that the County will need to engage paid expertise relating to legal, planning,
surveying and/or engineering, design, economic, environmental, tax impact or other issues
relevant to the application in order to comprehensively review uses and impacts. Expertise
includes the cost of legal counsel and court reporting, transcription services for cases deemed
to warrant such recording and transcriptions of hearings and meetings shall require an
additional deposit. For these applications; zoning, conditional use, variance, and rezone, the
base application fee shall be supplemented by a required payment by the applicant of a
deposit equal to one hundred twenty-five percent (125%) of an estimate established by the
Zoning Committee of the costs of necessary services. The deposit shall be used to pay all
reasonable County review expenses and shall be replenished when the initial deposit is
exhausted. Any excess in the deposit account shall be returned to the applicant when the
County actions on the application are complete and all bills have been paid.
E. Sanitary Permits. The appropriate sanitary permit application must be received by the Zoning
Department for review prior to an associated zoning permit being issued.
F. Uniform Dwelling Code. The construction of all new single family dwellings and duplexes
shall abide by the Buffalo County Uniform Dwelling Code Ordinance and the WI Uniform
Dwelling Code, Comm. 20-25. Applicants are responsible for obtaining the required UDC
building permits and payment of all associated inspection fees.
G. Scenic Easements. Zoning permits will not be issued for any structure to be located within a
scenic easement without written approval being received from WI Department of
Transportation.
6. Reasonable Accommodations for Handicapped Persons
A. Zoning Permit. The Zoning Administrator may issue a zoning permit that waives specific
requirements of this Ordinance, if it is determined that the requested accommodation:
1. Is necessary to afford handicapped or disabled persons equal housing opportunities or
equal access to public accommodations;
2. Is the minimum accommodation that will give the handicapped or disabled persons
adequate relief; and
3. Will not unreasonably undermine the basic purposes of this Ordinance.
B. Termination of Use. If the Zoning Administrator issues a zoning permit that waives specified
zoning provisions pursuant to Sub-section A. above, the permit will include a condition that
the structure authorized by the permit (such as an entrance ramp) shall be removed not more
than thirty (30) days after the handicapped or disabled person vacates the property or the
structure ceases to be a public accommodation.
C. Appeals. If the Zoning Administrator denies a permit requesting an accommodation under
this subsection, the denial may be appealed to the Board of Adjustment.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

7. Permit Fees
A. Fee Schedule. Applications for permits required under this Ordinance shall be accompanied
by a fee as established by the County. A copy of the current fee schedule shall be kept on file
in the Zoning Department. Work commenced prior to obtaining a zoning permit, for any
building, development, structure, land use or land alteration exceeding ten thousand (10,000)
square feet, not having a valid Buffalo County permit shall be subject to an after-the-fact fee
as set forth in Chapter 5, Enforcement and Penalties.
B. Exemptions. Governmental Units are exempt from zoning permit application fees, they are
however required to apply for and obtain all required permits.
C. Payment of Fees. All required fees shall be paid in full. No partial payment, payment
schedule, loans, or debts shall be accepted. If fees are paid by check, and the check is
returned for insufficient funds, any issued permit reliant upon the unpaid fees shall be
voidable until the fees have in fact been paid. The permit shall not become valid until cash is
paid or a subsequent check is honored by the applicant’s bank. When such unpaid fess are not
paid within thirty (30) days or more after a written request was sent, the Zoning Administrator
may issue a Notice of Noncompliance. If such unpaid fees are still not paid after another thirty
(30) day period, the permit becomes void and additional enforcement actions may be taken.
D. Refunds. Permit application fees are not refundable.
8. Zoning Permit Application Criteria
No zoning permit shall be granted or shall become effective until all applicable requirements of
this Ordinance, conditions of any preceding County approval related to the development, and all
applicable Wisconsin Statutes and rules are met, including, but not limited to those related to
shoreland and floodplain zoning.
9. Where Zoning Permits are Not Required
1. For any accessory building one hundred fifty (150) square feet or less, provided such
building conforms to all highway and property line setbacks, and all other requirements of
this Ordinance.
2. For any improvements, repairs, or alterations to an existing building which shall not affect
a change in use or encroach upon any yard or open space.
3. For any maintenance regardless of cost.
4. For the construction of any fence.
10. Validity and Time Review.
A. Permit Review Time Limits. A zoning permit shall either be granted or denied in writing by
the Zoning Administrator within thirty (30) days of the filing of a complete application, unless
other parallel processes (e.g., conditional use permit) require a longer review period.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

B. Permit Posting. Once issued, each zoning permit shall be posted in a prominent place on the
premises prior to and during the period of construction, relocation or land alteration.
C. Permit Validity. If the work authorized by the zoning permit is not completed within twentyfour (24) months of the date of the approval, the zoning permit approval shall be considered
void. The applicant may, with a fee, apply for a renewal and the Zoning Administrator may
grant, a one time, twelve (12) month extension, provided that a written renewal request is
submitted before the original expiration date.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

CHAPTER 5
ENFORCEMENT AND PENALTIES
1. Authority.
In the enforcement of this Ordinance, the Zoning Administrator shall have the power and authority
for the following:
A. Inspections. At any reasonable time, and for any proper purpose, to enter upon any public or
private premises and make inspection thereof.
B. Stop Work Orders. The Zoning Administrator shall have the authority to issue orders and
directives to any person subject to the provisions of this Ordinance to cease any act, conduct
or use which is deemed to be in violation of these regulations. The Zoning Administrator may
issue orders to correct, within a specified period of days, any violation of this Ordinance; and
upon reasonable cause or question as to proper compliance, to revoke any zoning permit and
issue stop work orders requiring the cessation of any building, moving, alteration or land use
which is in violation of the provisions of this Ordinance. Notice of a stop work order is given
both by posting one or more copies of a notice stating the Violation upon the land where the
violation occurs and by mailing a copy of the notice by first class mail to the property owner
of the property on which the activity is in violation. The order shall specify the activity that
must cease immediately and be brought into compliance with a time period as determined by
the Zoning Administrator. Any stop work order shall be in effect until removed by the Zoning
Administrator.
C. Legal Proceedings. To refer to Corporation Counsel for commencement of any legal
proceedings necessary to enforce this Ordinance.
2. Violations.
A. Compliance. It shall be unlawful to locate, erect, construct, reconstruct, alter, enlarge, extend,
convert or relocate any building, structure or sign or use any building, structure, land or sign
in violation of the provisions of this Ordinance or amendments or supplements thereto
lawfully adopted by the County Board of Supervisors. It shall also be unlawful to fail to
obtain permits as required by this Ordinance or to fail to comply with any requirement or
condition imposed by the Board of Adjustment or Zoning Committee.
B. Separate Offense. Each and every day of violation shall be deemed a separate offense and
violation.
C. Prosecution. Any person, firm, association, corporation or representative agent failing to
comply with the provisions of this Ordinance may be subject to prosecution under the terms
of this chapter.

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D. Violations of Permits Issued Under this Chapter.
1. Violation of a permit or other approval issued under this Chapter, or any condition or
approved plan associated with such permit or other approval, shall be deemed a violation
of this Chapter, and shall constitute grounds for revocation of the permit, as well as fines
and forfeitures and any other available remedies. The decision of the appropriate body
shall be furnished to the permit holder in writing, stating the reasons therefore.
2. A permit or other approval issued in violation of this Ordinance, other Buffalo County
Ordinances, the Wisconsin Administrative Code, or Wisconsin Statutes gives the permit
holder no vested right to continue the activity authorized by the permit, and the permit is
considered voided.
3. Prosecution.
A. Civil proceedings. Pursuant to § 66.0114, Wis. Stats. an action for violation of this Ordinance
shall be a civil action.
B. Notification. The Zoning Administrator shall serve any violators with a Notice of
Noncompliance stating the following:
1. The nature of the violation.
2. Corrective measures required to eliminate the violation.
3. That the violator shall be subject to:
a. Civil action to remove or otherwise eliminate the violation; and/or
b. Penalties, upon conviction.
C. Corporation Counsel. The Zoning Administrator shall report Notices of Noncompliance and
violations to the Buffalo County Corporation Counsel. At the Corporation Counsel's
discretion, legal action or proceedings may be commenced to prosecute alleged violators
pursuant to the proceedings outlined in § 66.0114, Wis. Stats., or pursuant to the issuance of a
summons and complaint.
D. Injunction. Compliance with this chapter may also be enforced by an injunction at the suit of
Buffalo County or the owner or owners of real estate within the zoning district affected by
such regulation.
E. Penalty. Those actions commenced on behalf of Buffalo County may, in addition, seek a
forfeiture or penalty as outlined herein.
F. Special Inspection Warrants. The provisions of § 66.0119, Wis. Stats., shall govern the
issuance of all special inspection warrants.
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4. Penalties.
Any person, firm, association, corporation or representative agent who violates, disobeys, omits,
neglects or otherwise fails to comply with the provisions of this Ordinance or any order of the Zoning
Administrator issued in accordance with this Chapter shall, upon conviction thereof, forfeit not less
than one hundred dollars ($100) nor more than one thousand dollars ($1000) and the cost of
prosecution for each violation, including court costs and reasonable attorney fees, and in default of
payment of such forfeiture and costs shall be imprisoned until payment thereof, but not exceeding
thirty (30) days. Each day a violation exists or continues shall constitute a separate offense and
violation.
5. After-the-Fact Fee for Work Commenced Prior to Obtaining a Zoning Permit.
An after-the-fact fee equal to five times the standard applicable zoning permit application fee shall be
charged by the Zoning Administrator if work is started before a permit is applied for and issued.
Such after-the-fact fee may be decreased to three times the applicable fee if such fee is paid within
thirty (30) days of owner notification of noncompliance. Such after-the-fact fee shall not release the
applicant from full compliance with this Ordinance nor from prosecution for violation of this
Ordinance. If the applicable structure cannot meet use and/or dimensional requirements and is not
granted a variance or conditional use permit by the Board of Adjustment and the owner/agent/lessee
voluntarily removes the structure within thirty (30) days of notice from the Zoning Department or
within thirty (30) days of the Board of Adjustment date of filing Findings and Conclusions, the afterthe-fact fee shall be waived. In his sole discretion the Zoning Administrator may reduce or waive the
tripling of fees for such permits if the Zoning Administrator determines such action to be warranted
under the circumstances of the case in question. All remediation or penalties issued under this
chapter and ordered by the Zoning Administrator shall be stayed until appeal periods have expired.
6. After-the Fact Conditional Use and Variance Application Fees.
A. After-the-Fact Conditional Use. If a building, structure or premises is utilized or other land
use is established which by this ordinance requires issuance of a conditional use permit,
without a conditional use permit first being obtained, the responsible party may attempt to
correct the violation by applying for a conditional use permit for the unauthorized use.
1. Procedure.
a. Upon notification of the violation, the responsible party may apply for a conditional
use permit as provided in Chapter 6.
b. Upon submittal of a complete application, the application shall be processed as
provided in Chapter 6.
2. During the pendency of the conditional use permit application, the responsible party shall
not continue or renew any activities in furtherance of the unauthorized use.
B. After-the-Fact Variance. If a building or structure is constructed in violation of any
dimensional requirement of this Ordinance or if a lot is created in violation of minimum lot
area and/or width requirements of this Ordinance, the responsible party may attempt to correct
the violation by petitioning for a variance, except that the responsible party shall not be
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eligible for such relief if a summons and complaint regarding the violation has been filed by
the Corporation Counsel prior to submittal of the variance petition.
1. Procedure
a. Upon notification of the violation, the responsible party may submit a variance
application to the Zoning Department requesting that the Board of Adjustment
consider a variance petition regarding the violation.
b. As soon as can be conveniently scheduled, the Board of Adjustment shall convene to
consider such variance petition. In deliberating on the issue, the Board of Adjustment
shall consider the recommendation of the Zoning Administrator.
c. If the Board of Adjustment refuses to approve the variance request, appropriate
enforcement actions shall be applied.
2. During the pendency of a variance petition, the responsible party shall not carry on any
activities in furtherance of the unauthorized development or use.
C. Fees. The application fees for after-the-fact conditional use permit applications and variance
applications shall be three times the standard applicable fee.

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CHAPTER 6
BOARD OF ADJUSTMENT: PROVISIONS, APPEALS, VARIANCES,
CONDITIONAL USE PERMITS
1. Establishment.

There is hereby established a Board of Adjustment for the County of Buffalo as authorized by s.
59.694, Wis. Stats. The Board assumes all responsibilities, duties and powers as provided within
Wisconsin Law and Buffalo County Ordinances.

2. Membership.
A. Size and Appointment. The Board of Adjustment shall consist of three (3) members
appointed by the Chairperson of the County Board with the approval of the County Board for
staggered terms of three (3) years. Each term shall begin July 1st. The incumbent members
shall continue to serve until their terms expire. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
B. Eligibility. Members of the Board and alternate members to the Board shall all reside within
the county and outside the limits of any incorporated cities and villages within the county. No
two (2) members shall reside in the same Town.
C. Compensation. The members of the Board of Adjustment shall be paid the same per diem and
mileage as authorized for the County Board of Supervisors.
D. Alternates. The County Board Chairperson shall appoint, for staggered three-year terms, two
(2) alternate members to the Board who are subject to the approval of the County Board.
Annually, the Chairperson of the County Board shall designate one (1) of the alternate
members as the first alternate and the other as the second alternate. The first alternate shall
act, with full power, only when a member of the Board refuses to vote because of a conflict of
interest or when a member is absent. The second alternate shall act only when the first
alternate refuses to vote because of a conflict of interest or is absent, or if more than one
member of the Board refuses to vote because of a conflict of interest or are absent.

3. Operation and Rules.
A. The Board of Adjustment shall adopt rules for the conduct of its business which shall be in
accordance with the provisions of this Ordinance and s. 59.694, Wis. Stats.
B. Chair. The Board of Adjustment shall choose its own chairperson. The chair may administer
oaths and compel the attendance of witnesses.
C. Call to Meetings. The Board of Adjustment shall meet at the call of the chair, and at such
other time as the Board of Adjustment may determine, at a fixed time and place.

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D. Open Meetings. All meetings of the Board of Adjustment shall be open to the public, unless
otherwise specified by Wisconsin law, but such Board may go into closed session pursuant to
Wis. Statutes.
E. Public Hearing. Any public hearing held by the Board of Adjustment shall be held in a
convenient public location and a full description of the location of such place of hearing by
name, address or other commonly known means of identification shall be included in the
notice given of such hearing. No undue hardship shall be created for any applicant by reason
of the location of such hearing.
F. Time Line. Upon determination of a complete application for a Conditional Use Permit
(CUP), Variance, Special Exception or Appeal the Board shall hold a public hearing. The
Board shall, within sixty (60) days of determination of a complete application by the Zoning
Administrator, fix a date for the hearing. The Zoning Department will not place a petition on
the Board of Adjustment agenda until the Towns Acknowledgement Form has been returned
to the Department bearing the required signature. The Board shall render a decision within
one hundred twenty (120) days of the date of the first hearing.
G. Wis. Stats. The Board of Adjustment shall hold a public hearing in accordance with s.
59.694, Wis. Stats. At the hearing any party may appear in person or by agent or attorney.
H. Notification. The Board of Adjustment shall give public notice of any hearing by publication
of a Class 2 notice in the official newspaper of the County, on each of two (2) successive
weeks, the last publication to be not less than one (1) week before the hearing advertised
therein, specifying the date, time and place of hearing and the matters to come before the
Board of Adjustment. In addition notice will be mailed to parties of interest constituting those
persons who own property within three hundred (300) feet of the boundaries of the parcel or
parcels of land on which the proposed use is located. The local Town Board shall also be
notified. A copy of the notice of any Board of Adjustment public hearing on matters within
Shoreland and Floodplain Zoning shall be sent to the appropriate Department of Natural
Resources area office at least ten (10) days prior to the hearing and a copy of all decisions
shall be provided to the DNR within ten (10) days of the decision.
I. Assistance. The Zoning Board of Adjustment shall have power to call on any County
department for assistance in the performance of its duties and it shall be the duty of such
departments to render all such assistance as may be reasonably required.
J. Town Review. The Town within which a Conditional Use Permit, Special Exception,
Variance, or Appeal is sought is required to review and provide testimony for approval or
denial of the petition. CUP applicants are required to present their development plan,
proposed land use, or grounds for appeal to the Town Board for review. The applicant will
present the Towns Acknowledgement Form for the Town Chairs signature which shall
indicate that the Town either supports, opposes or has no comment concerning the CUP
application.
K. Minutes. The Board of Adjustment shall keep minutes of its proceedings showing the vote of
each member upon each question, or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which shall be public record.
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L. Quorum. The quorum for any meeting shall consist of at minimum two (2) Board members.
M. Findings of Fact. The final disposition of an appeal, variance, special exception or
conditional use permit petition to the Zoning Board of Adjustment shall be in a form of a
written decision titled; Findings of Fact and Conclusions of Law, signed by the Zoning
Administrator. Such decision shall state the specific facts and rationale that are the basis for
the Board of Adjustment’s decision and shall specify any required conditions of approval; and
shall specify the extent of any appeal or variance granted. Decisions regarding appeals shall
either affirm, reverse, or modify any order, requirement, interpretation, or determination of
the Zoning Administrator.

4. Powers.

The Board of Adjustment shall have the following powers:
A. Variances. To hear and authorize upon petition in specific cases such variance from the terms
of this Ordinance as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary
hardship, and so that the spirit of this Ordinance will be observed and substantial justice done.
Such variance shall not have the effect of permitting in any district a use that is prohibited in
that district.
B. Appeals. To hear and decide appeals, pursuant to s.59.694, Wis. Stats., where it is alleged that
there is an error or errors in any order, requirement, decision or determination made by the
Zoning Administrator and/or Zoning Committee. In exercising the above mentioned powers,
the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination which is the subject of the appeal, and to that end shall
have all the powers of the officer from whom the appeal is taken.
C. Conditional Use Permits. Issue or deny conditional use permits and establish any conditions
for such permits.
D. Special Exception Permits. Issue or deny special exception permits within the Shoreland
Zoning District and establish any conditions to be placed on those permits.
E. Renewable Energy Systems. To grant special exceptions or variances for renewable energy
resource systems. If the Board denies an application for a special exception or variance for
such a system, the Board shall provide a written statement of the reasons for denying the
application.
F. Limitations of Power. Nothing herein shall be construed to give or grant to the Board the
power or authority to alter or change the ordinances, zoning districts or other official maps of
the County, which authority is reserved by the County Board

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5. Conflicts of Interest.
A. Defined. Members of the Board of Adjustment shall avoid conflicts of interest. As used here,
a conflict of interest shall include, but not necessarily be limited to, the following:
1. Reviewing, deliberating upon, or voting on a petition or application concerning oneself or
work on land owned by oneself.
2. Reviewing, deliberating upon, or voting on an application concerning a property located
adjacent to or within one thousand (1000) feet of one’s property.
3. Reviewing, deliberating upon, or voting on an application involving a corporation,
company, partnership, or any other entity in which the person is a part owner, or has any
other relationship where the person may stand to have a financial gain or loss.
4. Reviewing, deliberating upon, or voting on an application, if such action results in a
pecuniary benefit to oneself.
5. Reviewing, deliberating upon, or voting on an application concerning one’s spouse, child,
stepchild, grandchild, brother, sister, parent, grandparent, member of one’s household, or
any other extended family member.
6. Reviewing, deliberating upon, or voting on an application where an employee or employer
of the Board member is:
a. An applicant or agent for an applicant, or
b. Has a direct interest in the outcome.
B. Determination. When a conflict of interest exists, the Board member shall do all of the
following upon determining that a conflict exists:
1. Declare that a conflict exists at the next meeting of the Board of Adjustment.
2. Cease to participate at the Board meetings pertaining to the matter, until the matter giving
rise to the conflict has been decided; and refrain from representing oneself before the
Board or Department staff.
C. Ex Parte Contact.
1. Members of the Board shall attempt to avoid ex parte contact. As defined here, ex parte
refers to communication that occurs outside of a noticed meeting. Members of the Board
have a duty to not prejudge a case, and to base their decisions only on the material and
facts presented at public meetings and hearings on the case.
2. Despite one’s best efforts it is sometimes not possible to avoid ex parte contact. When that
happens the member should publicly report the content and context of the ex parte contact
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in full at the public hearing or meeting on the case prior to the Board making a decision on
the issue.

6. Procedure for Hearings.
A. Appearances; Adjournments. At the time of the hearing, the applicant or appellant may appear
on his own behalf or be represented by his counsel or agent. A recess or adjournment of a
hearing, made at a properly noticed hearing, to a time and place certain, is adequate notice to
the members and public of a new hearing date.
B. Witnesses. The Chairperson, or Acting Chairperson, may compel the attendance of witnesses
and may require those wishing to testify to state their names and their interests in the matter
before the Board. Testimony may be taken under oath.
C. Order of Hearings. Hearings on cases shall normally follow this order:
1. Hearing call to order by the Chairperson
2. Roll Call
3. Notice of Public Hearing (Read by Secretary or Zoning Department representative)
4. Publication (Statement of publication of notice and distribution)
5. Summary of the nature of the petition by the Zoning Department
6. Content of Hearing.
a. Hearings shall be conducted with the applicant presenting his or her case first,

including any witnesses the applicant wishes to call. After the applicant presents his or
her case, anyone else in favor of the applicant’s request shall also be allowed to speak.
Then all those opposed to the application shall be allowed to speak.

b. The Board may, at its discretion, limit the extent/duration of individual public

testimony.

c. The applicant has the burden of proof to show that he or she is entitled to a conditional

use permit, variance or other relief being sought.

d. In more controversial, contested cases, in which parties appear with attorneys, opening

and closing statements shall be allowed and limited to ten (10) minutes in duration.

e. The applicant or appellant shall be responsible for the presentation of all information

supporting the case.

7. Closing of testimony.

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8. Restricted to the Board of Adjustment. No public or staff participation unless specifically
requested by the Board. The Board shall find and determine the appropriate facts and
conclusions of law upon which a decision can be made. The Board may consult with the
Zoning Administrator or legal counsel.
9. Decision. The Board shall make an appropriate motion, including findings of fact,
conclusions of law, approvals or denials, and conditions or statement of hardship for
variances.
10. Adjournment.
D. Preliminary Matters. Following the reading of the notice of appeal, petition or application, the
Board may hear arguments on the question of jurisdiction or timeliness of the application to
the Board and request that briefs be filed on the point. The Board may proceed with the
hearing and the taking of testimony in any event and reserve its determination on a
jurisdictional question until after the testimony is closed and render a decision on the merits as
if it had jurisdiction. The Board may make an immediate determination and close the hearing
upon a finding that it lacks jurisdiction. If the Board determines by motion that it lacks
jurisdiction, the Secretary shall record the decision as a vote to deny the request.
E. Parties Not to Interrupt. Orderly procedure requires that each side shall proceed without
interruption by the other; that all arguments and factual presentations shall be addressed to the
Board; and that there be no questioning or arguments between individuals.
F. Questions and Debate. During the hearing, Board members may ask questions and make
appropriate comments pertinent to the case. However, no member shall debate or argue an
issue with the applicant. The Chairperson and Board members may direct questions to the
applicant or to any person speaking in order to bring out all relevant facts, circumstances and
conditions affecting the petition and may call for questions of the Zoning Department staff.
G. Additional Evidence. The Board may take a petition under advisement for later consideration
and determination, or may defer action, whenever it concludes that additional evidence is
needed or further study is required.
H. Postponement of Hearing. Cases may be postponed only by prior arrangement with the
Chairperson. Postponement/rescheduling of a public hearing due to an applicant’s error in
submittal or failing to attend the hearing, in person or by agent, will be charged a rescheduling
fee of three hundred fifty dollars ($350).
I. Rules of Evidence. The Board shall not be bound by court rules of evidence, but it may
exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or
evidence.
J. Chairperson to Rule on Admissibility. The Chairperson shall rule on all questions relating to
the admissibility of evidence, however, he/she may be overruled by a majority of the Board
present.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

K. Interested Persons May Testify. Persons having an interest in the case may attend the hearing
and may request an opportunity to testify provided they identify themselves and sign an
appearance list of persons attending the hearing with the intent to testify.
L. Record of Hearing.
1. All Proceedings at a hearing shall be recorded by the Zoning Department. A Zoning
Department designee shall prepare minutes of each meeting and hearing, which shall
include a summary of motions, witnesses, appearances, roll calls, votes and all other
matters constituting the substance of the proceedings, and which shall be submitted to the
Board for review and approval and shall become part of the written record filed in the
Zoning Department.
2. Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit
court by a writ of certiorari or requested under the Open Records Law. The party
requesting a transcript shall be required to pay the cost of preparation in advance. Any
party or member of the public may make a record of the proceeding by any means which
does not disturb the hearing or others present.
3. The Planning and Zoning Department shall record and maintain permanent minutes of the
Board’s proceedings, showing the vote of each member upon every question, or if absent
or failing to vote, indicating that fact; shall keep records of its official actions; shall
summarize accurately the testimony of those appearing before the Board and keep a
verbatim recording of all hearings; shall record the names of all persons appearing before
the Board in person, or by agent or attorney; and shall, subject to the direction of the
Board and chairperson, conduct the correspondence of the Board and have published in a
local newspaper, public notices of meetings or hearings as required by law and these rules
of procedure. Minutes and records shall be a public record. The Zoning Department shall
be the custodian of the files of the Board and keep all records.
M. Adjustment. When all appeals or applications cannot be disposed of on a day set, the Board
may adjourn from day to day or to a day certain, as it may order, and such adjourned day shall
be construed as a continuance of the hearing. Notice of such adjournment shall be given to the
absent members of the Board.
N. Withdrawal of Appeal. An applicant or appellant may withdraw a petition or appeal at any
time prior to the decision, but a pending motion to grant or dismiss the appeal shall have
precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or
applicant to remission of the application fee.
O. Decision of the Board.
1. If a quorum is present, the Board may take any action by a majority vote of the members
present. All decisions of the Board shall be made at a public meeting, by motion made,
seconded and passed. If conditions are imposed in the granting of a variance, or
conditional use, such conditions shall be included in the motion.

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2. All decisions shall be in writing and contain the findings of facts and conclusions of law
upon which the decision is based.
3. Within thirty (30) days after the close of the hearing to which a decision relates, written
copies of such decision shall be mailed to the applicant and all additional parties invested
and held in the Zoning Department, which shall constitute filing the decision in the office
of the Board under Sec. 59.694(10) Stats. The approval or granting of petitions or appeals
by the Board is deemed to constitute an order to the Zoning Department to issue a zoning
permit, upon receipt of a complete application and all required fees. A denial of the
application or appeal by the Board is deemed to be an order to deny the permit
application. Copies of written decisions authorizing conditional use permits or variances
in shoreland/ wetland/ non-metallic mining or floodplain cases shall be mailed to the
Wisconsin Department of Natural Resources within ten (10) days of the date such decision
is rendered.
4. The decision of the Board shall be deemed as applying to the property rather than to the
individual and is valid only for the specific premises in the case and is not transferable to
other properties.
5. The Board need not respond to informal requests for advice or moot questions. Any
advice, opinion or information given by any Board member, or any other official or
employee of the County shall not be binding on the Board.
6. No action of the Board shall set a binding precedent. Each case shall be decided upon its
own merits and upon the attendant particular facts and circumstances.
P. Re-filings and Re-hearings.
1. No matter that has been previously acted upon by the Board shall be considered upon a
new application unless one or more of the following applies:
a. The petition does not involve a request for an identical permit or does not allege the
same misinterpretation or error.
b. The petition does not contain the original request for a specific variance.
c. Substantial change in the use of adjacent property has occurred since the previous
petition was heard.
d. The previous petition was closed without a hearing because the applicant was not
present at the time such petition was scheduled for hearing.
e. There is a claim that there should be a rehearing based upon newly discovered
evidence. A rehearing will only be granted on this basis when all of the following
apply:
1. The evidence has come to the moving party’s notice after the initial hearing.
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2. The moving party’s failure to discover the evidence earlier did not arise from lack
of diligence in seeking to discover it.
3. The evidence is material and not cumulative.
4. The new evidence would probably change the result.
Q. Re-openings and Re-hearings.
1. The Board, on its own motion, may not reopen any petition upon which a previous hearing
has been held, except in the following circumstances:
a. To correct a manifest error or when there is some ambiguity or missing element in the
decision that makes it impossible for the Zoning Department to apply the decision(s).
In such a situation, the Board may reopen a petition at its next scheduled meeting.
b. The Board, at the request of the Zoning Department, may also reopen a petition
without regard to time limits if an interpretation of a prior decision is necessary, or if
interpretation, modification or enforcement of conditions of a Board decision is
necessary. Nothing in this section “a”, should be interpreted as allowing a complete
reopening of the case, nor require or presume that the Board of Adjustment should
make any substantial change in their decision. There shall be a three hundred fifty
dollar ($350) filing fee assessed if the applicant is the party seeking a partial reopening
under this section “a”, for purposes of deleting or substantially modifying a condition
placed on a Board of Adjustment decision. There shall be no filing fee if the request
for reopening is solely at the request of the Zoning Department. In any rehearing or
reopening of a Board of Adjustment decision, the criteria for decision shall be the
same legal criteria as for the original decision.
2. A petition will be considered as heard and closed at such time as the Board approves or
rejects an application or appeal by motion. No request for reconsideration by the applicant
shall be considered unless filed within thirty (30) days of the written decision of the Board
of Adjustment being mailed to the applicant by the Zoning Department.
3. A simple majority vote shall be sufficient to open for reconsideration a previous decision.
If reconsideration is refused to an interested party who has requested a reconsideration,
the Board shall enter on the minutes the basis of the request, the reason why it was
refused, and the vote of the Board members thereon. If reconsideration is approved, the
case will be placed on the agenda for the next regular meeting/hearing and notice given as
required for an original hearing upon payment of the re-hearing fee.
4. The Board may utilize the advice and assistance of the County Zoning Staff and may
delegate administrative tasks to such staff or to other county employees as authorized by
the County Board of Supervisors.

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7. Variances.
A. Powers and Duties. To hear, upon appeal in specific cases, such petitions for a variance from
the terms of this Ordinance as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provision of this Ordinance will result in
unnecessary hardship, and so that the spirit of the ordinance shall be observed, and the public
welfare and safety secured, and substantial justice done.
B. Petition. A petition for variance shall be filed by the property owner, or the owner’s agent,
using application forms furnished by the Buffalo County Zoning Department. Such petition
shall include the following:
1. Proposed use or structure in question, including a site plan showing the preferred
arrangement for which the variance is sought.
2. Section(s) of this Ordinance from which a variance is requested.
3. Details as to the narrowness, shallowness, shape, topography, or other characteristics of
the land or the physical conditions applying to the building, structure, use or intended use
which make it not merely inconvenient but extremely difficult, if not impossible, to
comply with the provisions of the Ordinance.
4. A statement which specifically identifies the conditions of the property which are believed
by the owner, occupant or agent to be unique to that property, justifying the granting of a
variance, and which are not shared by other properties in the same zoning district.
5. A statement that the unnecessary hardship was not caused or created by the applicant nor
by any persons still having an interest in the property.
6. A petition for a variance shall be accompanied by a fee established by the County Board
of Supervisors.
C. Procedure for Hearings. The Board of Adjustment shall hold a public hearing in accordance
with s. 59.694, Wis. Stats. and as defined and stipulated in Chapter 6 of this Ordinance.
D. Standards for Variances. The Board shall consider the following standards for granting a
variance. The burden of proof at all times remains with the applicant to establish that the
proposed variance meets the following standards:
1. That there are present actual unique physical conditions of the lot or parcel which are
creating the unnecessary hardship in the application of this Ordinance, as distinguished
from a mere inconvenience to the owner if the strict letter of the regulations are required.
Unnecessary hardship may not be claimed because of conditions which are self-imposed
or created by a prior land owner nor by any person still having an interest in the property.
When determining whether unnecessary hardship exists, the property as a whole shall be
considered rather than a portion of the parcel. For an area variance, unnecessary hardship
exists when compliance with the ordinance would unreasonably prevent the owner from
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using the property for a permitted use or would render conformity with such limitations
unnecessarily burdensome.
2. That the conditions described in paragraph “1”, are unique or exceptional circumstances
applying only or primarily to the property under consideration and are not generally
shared by other properties in the area. Limitations are not of such a general or recurrent
nature elsewhere in the same zoning district as to suggest or establish the basis for
Ordinance changes or amendments, or of having that effect if relied upon as the basis for
granting a variance.
3. That in granting the variance there will not be a substantial detriment to neighboring
property and the granting of the variance will not be contrary to the purpose of this
Ordinance and the public interest. The Board shall consider the proposed variance
petition and the cumulative impacts of similar uses on neighboring land owners and the
general public. No variance shall have the effect of allowing in any district a use not
permitted in that district.
4. The variance must by standard be the minimum necessary to grant relief.
5. A variance granted under this Chapter, and after April 5, 2012, shall be deemed expired if
the land use or development so approved has not obviously and substantially commenced
within two years of the date on which the variance was granted.
6. A variance granted under this Chapter runs with the land.

8. Appeals.
A. General Provisions.
1. Where there is alleged to be an error in any order, requirement, decision, or determination
made by the Zoning Administrator and/or Zoning Committee an appeal may be taken to
the Board of Adjustment by any person aggrieved, or by any officer, department, board, or
bureau of the municipality affected by the Zoning Department’s decision.
2. Such appeals shall be filed by application with the Zoning Department within thirty (30)
days after the date of written notice of the decision or order appealed from was sent by
first class mail to the aggrieved party, or, if such notice was not sent to the aggrieved
party, within thirty (30) days after the party first knew of, or had reason to know of, or
should have known of, the order or decision. The applicable fee must be filed within this
same time period as well.
3. The appeal petition shall be submitted on the appropriate application provided by the
Zoning Department.
a. The application shall specify the grounds for the appeal and any additional
information as may be required by the Board or the Department.
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b. The application is to be submitted to the Zoning Department accompanied by the fee
established by the Board of Adjustment.
c. Failure of the appellant to supply the information required by the appeal application,
within thirty (30) days after filing an appeal application, may be considered by the
Board as a failure to comply with application and appeal procedure and the case may
be dismissed for failure of timely filing. Any communications, except on prescribed
forms, purporting to be an appeal shall be deemed a mere notice of intention to file
and shall not be deemed a filing to comply with requirements of timely filing.
4. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken shall certify to the Board of Adjustment, after the
notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay
would cause imminent peril to life or property. In such case, proceedings shall not be
stayed other than by a restraining order, which may be granted by the Board of
Adjustment or by a court of record or application and notice to the officer from whom the
appeal is taken and on due cause shown.
5. The Buffalo County Zoning Department shall forthwith transmit to the Board of
Adjustment the appeal and all documents constituting the record upon which the action
appeal is taken and on due cause shown.
6. The Board of Adjustment decision of the appeal shall be rendered in writing within ninty
(90) days after the public hearing. Such decision shall state the specific facts which are the
basis for the Board’s decision. The decision shall either affirm, reverse, vary, or modify
the order, requirement, decision or determination appealed from. The Board may also
dismiss the appeal for lack of jurisdiction.

9. Conditional Use Permits.
A. Applicability. A conditional use permit shall be required for the establishment of each use
permitted as a conditional use. Expansion of a use permitted as a conditional use shall also
require a conditional use permit, except that the minor expansion of a building housing a use
permitted as a conditional use which would not increase the scale or intensity of that use shall
only require a zoning permit.
B. Application. An application for a conditional use permit shall be submitted to the Zoning
Administrator or his agent upon forms furnished by the Buffalo County Zoning Department.
The application shall contain the following information:
1. All the information required for a zoning permit listed in Chapter 4 of this ordinance.
2. Upon request by the Zoning Administrator, such additional information as may be
required by the Zoning Administrator so that the Board of Adjustment can determine
whether or not the proposed use at the proposed location will not be contrary to the public
interest and will not be detrimental or injurious to public health, safety, welfare or the
character of the surrounding area.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

3. Where the proposed use involves human occupancy, satisfactory evidence that a safe and
adequate supply of water and approved wastewater treatment facilities will be provided, in
accordance with the requirements of the Buffalo County Sanitary Ordinance.
4. The Board of the Town within which a Conditional Use Permit is sought and applied for
is required to review and provide testimony on approval or denial of the application.
Applicants are required to present their development plans, proposed land use, to the
Town Board for review. The applicant will present the Towns Acknowledgement Form
for the Town Chairs signature, indicating that the Town either supports, opposes or has no
comment concerning the petition. The Zoning Department will not place the petition on
the Board of Adjustment agenda until the Towns Acknowledgement Form has been
returned to the Department bearing the required signature.
5. All conditional use permit applications shall be accompanied by a fee established by the
County Board of Supervisors.
6. No application shall be accepted by the Zoning Administrator until deemed complete as
judged by the Zoning Administrator and until all fees established by Buffalo County have
been paid in full.
C. Public Hearing. A public hearing shall be held by the Board of Adjustment after a public
notice has been given as provided in s.685. At the public hearing, any party may appear in
person or be represented by an agent.
D. Determination. Following review, investigation, and public hearing, the Board of Adjustment
shall render a decision in writing.
1. If the application is approved, such decision shall include an accurate and complete
description of the use as permitted, including all the conditions attached thereto.
2. If the application is denied, the reasons for denial shall be stated.
E. Basis of Approval.
1. The Board of Adjustment shall review each conditional use permit application for
compliance with all requirements applicable to that specific use and to all other relevant
provisions of this Ordinance. In approving conditional uses, the Board of Adjustment also
shall determine that the proposed use at the proposed location will not be contrary to the
public interest and will not be detrimental or injurious to the public health, safety or
general welfare of the residents of surrounding lands.
2. To aid in the review of the proposed project under the above criteria, the Board of
Adjustment shall take into consideration such of the following factors or additional factors
as are deemed by it to be relevant to its decision making process with respect to the
project in question. Consideration should include the effect of the proposed development
or use from both an individual and a cumulative perspective:
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a. Whether the proposed project will adversely affect property in the area in that the use
will substantially impair or diminish the use, value, or enjoyment of existing or future
permitted uses in the area.
b. The physical size of the site in relation to the proposed use and whether the proposed
use is similar to other uses in the area.
c. Whether the proposed use is consistent with adopted Buffalo County Ordinances and
State Statutes.
d. The location of the site in relation to traffic patterns and existing or future streets or
roads giving access to the proposed use, whether the proposed project adversely
impacts existing traffic flow and congestion.
e. Provisions for an approved Private Onsite Waste Treatment System (POWTS).
f. Provisions for a potable water supply.
g. Provisions for solid waste disposal.
h. Whether the proposed use creates noise, light, odor, or dust.
i. Provisions for safe vehicular and pedestrian access including the ability of emergency
services to access the site.
j. Provisions for the prevention and control of water pollution including sedimentation
and the potential impacts to floodplains and wetlands.
k. Recommendation of the applicable Town Board as indicated in the Towns
Acknowledgement Form.
l. Provisions for proper stormwater and erosion control measures.
m. Whether proposed use/buildings are compatible with existing land uses, including
adjacent properties.
n. Whether the proposed project creates excessive exterior lighting glare or spillover onto
neighboring properties.
o. Whether the proposed use leads to a change in the natural character of the area through
the removal of natural vegetation or alteration of the topography.
p. Whether the proposed use would adversely affect the natural beauty of the area, in that
such use will not harm the essential character of the area such that the use will
substantially impair or diminish the use, value, or enjoyment of existing or future
permitted uses in the area.
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q. Existing environmental factors including, but not limited to: topography, drainage,
water quantity and quality, air quality, soil types, soil erosion, steep slopes, and
vegetative cover.
r. Whether the proposed use would adversely affect any historic or archeological sites.
s. The relationship of the proposed use with the public interest and the purpose and
intent of this ordinance.
3. The applicant’s failure to satisfy the criteria listed in paragraph one (1) and two (2) above
or any other applicable requirement in this Ordinance may be deemed grounds to deny the
conditional use permit. At all times the burden of proof to demonstrate satisfaction of
these criteria remains with the applicant.
4. If an applicant for a conditional use permit meets or agrees to meet all of the requirements
and conditions specified in this Ordinance and all other governing ordinances, statutes and
regulations, and those conditions imposed by the Board of Adjustment, the Board shall
grant the conditional use permit. Any condition imposed must be related to the purpose of
the Ordinance and be based on substantial evidence.
5. The applicant must demonstrate that the application specifics, and all requirements and
conditions established by the County relating to the conditional use, are or shall be
satisfied, both of which must be supported by substantial evidence.
6. The Board of Adjustment’s decision to approve or deny a conditional use permit
application must be supported by substantial evidence.
7. Applications for Conditional Use Permits in the Agricultural Natural Resource-40 District
shall comply with any restrictions of limitations contained in Wis. Stats. Chapter 91.
F. Conditions and Restrictions. The Board of Adjustment may in approving an application for a
conditional use permit, impose such restrictions and conditions that it determines are required
to prevent or minimize adverse effects from the proposed use or development of other
properties in the area and on the general health, safety, and welfare of the county. Such
conditions may include financial sureties. The Board of Adjustment may limit the use of land
to one specific use permitted in the zoning district for which the conditional use permit is
sought. The Board of Adjustment may grant the application with or without conditions that it
deems necessary in furthering the purpose of this Ordinance, or grant the application in part,
with or without conditions, and deny it in part. Conditions may include; duration, property
ownership, hours of operation, parking requirements, increased setbacks, increased area or
yard requirements, limit to animal units, vegetative screening, site stabilization or
rehabilitation. The Board of Adjustment may also require that any permits or license required
for the proposed land use from any other governmental entity or agency be submitted to the
Zoning Department before the conditional use permit can be issued.
G. Expiration. Except as otherwise stated in the Zoning Ordinance, all conditional use permits
shall expire twelve (12) months from the date of issuance where no action has commenced to
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establish the authorized use or twenty-four (24) months from issuance if the authorized use is
not substantially completed or in operation. If a time limit has been imposed as a condition for
the permit, the permit shall expire at the end of the time limit.
H. Notification. Pursuant to s. 91.75 (5), Wis. Stats., the Buffalo County Zoning Department
shall notify the Wisconsin Department of Agriculture, Trade and Consumer Protection of all
conditional uses approved in the Agriculture/Natural Resource–40 Zoning District.
I. Termination. If the use of land or a structure under a conditional use permit is not maintained
in a manner consistent with and in compliance with the terms and conditions of the permit and
of this Ordinance, the conditional use permit may be terminated by action of the Board of
Adjustment. In the event that a conditional use of property ceases for a period of twelve (12)
months in succession, the conditional use permit shall automatically terminate and all future
use of the land or structure in question which is in the form of a conditional use shall require
the issuance of a new conditional use permit.
J. Appeal. Persons aggrieved by conditional use permit decisions issued by the Board of
Adjustment may, within thirty (30) days of the filing of each such decision in the office of the
zoning administrator, file a certiori review action with the Buffalo County Circuit Court.

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CHAPTER 7
ZONING DISTRICTS
1. Zoning Districts.
For the purpose of this Ordinance, the unincorporated areas of Buffalo County are divided into the
following zoning districts:
A. AGRICULTURE/NATURAL RESOURCE – 40 (ANR- 40) .
1. Purpose and Intent. The Agriculture/Natural Resource – 40 District is established with
the intention of promoting the preservation of farmland, a goal established in the Buffalo
County Comprehensive Land Use Plan. The purpose of the ANR-40 District is to protect
and preserve the historic use of prime soils for agricultural production and raising
livestock, with other soil types and steeper slopes protected for natural resource
production and harvesting uses such as commercial logging and silviculture. The ANR-40
District establishes policies intended to ensure the long-term stability, productivity, and
sustainability of agricultural and natural resource lands and land uses, including
supporting industries.
It is the intent of the ANR-40 zoning district to strictly limit the intrusion of nonagricultural uses and development which can conflict with traditional and contemporary
farming operations and practices. Non-farm residents and other uses of land in this
district may be subject to inconvenience and/or discomfort arising from normal and
accepted agricultural practices and operations including, but not limited to; noise, odor,
dust, operation of machinery, storage and dispersal of manure and the application of;
fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and
other uses of property should be prepared to accept such farming practices which may
generate inconvenience, discomfort and possible injury from normal farming operations,
and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar
them from obtaining legal judgment against such normal farming/agricultural operations.
The maximum non-farm dwelling density allowed in the ANR-40 District is established at
one (1) dwelling per forty (40) acres of land owned under a single deed.
It is intended that this district will be certified by the Wisconsin Department of
Agriculture, Trade, and Consumer Protection (DATCP) as a Farmland Preservation
District to permit eligible landowners to receive tax credits under Subchapter IX of
Chapter 71, Wis. Stats.
A non-farm dwelling shall have a minimum setback of five hundred (500) feet from any
existing feedlot, manure storage structure or livestock confinement structure with a
capacity of fifty (50) animal units or more.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

a. Permitted Uses:
1. Agricultural uses conducted for the purpose of producing an income or livelihood:
a.
b.
c.
d.
e.

Agronomic crop or forage production
Apiculture
Aquaculture and/or fish hatcheries
Dairying
Enrolling land in a Federal agricultural commodity payment program or
State agricultural conservation program
f. Fallow land
g. Floriculture
h. Farm Dwellings
i. Grazing
j. Hatcheries
k. Horticultural crop production
l. Nursery, sod and Christmas tree production
m. Raising livestock
n. Silviculture
o. Viticulture

2. Farm Accessory uses
a. A building, structure, or improvement that is an integral part of, or is incidental
to, an agricultural use.
b. Home Occupations as described in Chapter 9 of this Ordinance.
c. Roadside Stands, temporary seasonal roadside sales of agriculture products
primarily produced on the premises.
d. Tourist Rooming House, compliant with s. 91.01(1)(d).
3. One (1) additional farm dwelling is permitted in the ANR-40 district per base farm
tract.
4. Public Utilities, compliant with s. 91.44 (1)(f).
5. Pre-existing dwellings.
a. Pre-existing dwellings established prior to December 31, 2013 located in areas
subject to zoning under this chapter may be continued in residential use. Such
pre-existing dwellings may be structurally altered and repaired, replaced, or
rebuilt if destroyed but are subject to setback, height and other dimensional
requirements. If a pre-existing dwelling is removed, destroyed, or not occupied
for a period of twelve (12) consecutive months, it cannot be replaced or reoccupied and all future use of the property must conform to the provisions of
this chapter.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

6. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the
requirements as described in Chapter 9 of this ordinance.
7. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration not to exceed one hundred twenty 120 days and meet
State Statutes 91.46(6).
8. Transportation, utility, communication, or other uses that are required under state
or federal law to be located in a specific place, or that are authorized to be located
in a specific place under a state or federal law.
9. Undeveloped natural resource and open space areas, and associated conservation
practices.
a. Hunting, fishing, trapping, and consumption of naturally replenishing
resources.
b. Conditional Uses:
1. Agriculture related uses. All uses listed below shall maintain a minimum setback
of two hundred fifty (250) feet from any residential district or residential lot:
a. Animal hospitals that primarily service livestock.
b. Animal slaughtering and/or butchering establishments.
c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed
directly to farms.
d. Facilities primarily engaged in the sale and servicing of farm vehicles or other
farm equipment.
e. Facilities primarily engaged in providing agronomic or veterinary services to
farms.
f. Food processing plants that process raw agricultural commodities received
from farms
g. Grain warehouses, potato warehouses, or other warehouses that store raw
agricultural commodities received from farms.
h. Mills or rendering plants that process raw agricultural commodities or
agricultural by-products received directly from farms, or supply animal feed
directly to farms.
2. Airports, air strips, or landing fields, compliant with s. 91.46 (4).
3. Bed and Breakfast Establishments that meet s 91.01(1).
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

4. Blacksmiths meeting the requirements of State Statutes 91.01(1).
5. Captive Wildlife Operations limited to cervids, game birds, ratites (ostrich, rhea,
emu), camelids (llamas, alpacas), and farm raised fish.
6. Churches/Religious Institutions/Cemeteries meeting the requirements of State
Statutes 91.46(5).
7. Commercial grain drying operation.
8. Commercial outdoor recreation areas including, but not limited to:
a. Campgrounds with twenty (20) sites or less, compliant with s. 91.46 (5).
b. Fairgrounds provided they are public use and meet State Statutes 91.46 (5).
c. Golf courses provided they are public use and meet State Statutes 91.46 (5).
d. Riding arena, compliant with s. 91.01 (1).
e. Skeet and trap shooting range that meet s. 91.46 (5).
9. Communication Towers over one hundred (100) feet in height, including all
ancillary equipment, shall meet State Statutes 91.46 (4).
10. Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic
mine exceeding 120 days duration and meets State Statutes 91.46 (6).
11. Fur Farms provided they meet all of the requirements as described in Chapter 9 of
this Ordinance.
12. Home Businesses that meet s. 91.01 (1).
13. Home or Farm Based Businesses that is owned and operated by a resident
occupant that meets s. 91.01 (1).
14. Kennels – commercial kennels must meet s. 91.01 (1) and all of the requirements
as described in Chapter 9 of this Ordinance.
15. Land Alteration over one (1) acre for non-agricultural purposes.
16. Livestock Confinement Structure or area intended to house or to expand over two
hundred fifty (250) animal units.
17. Municipal buildings for the maintenance of roads and storage of equipment and
materials meeting the requirements of State Statutes 91.46(5).
18. Non-Farm Dwellings.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

a. An Administrative Conditional Use Permit may be granted for up to one (1)
non-farm dwelling for every forty (40) acres of land included in the Base Farm
Tract (BFT). A maximum of four (4) non-farm dwellings are allowed per BFT.
In addition, the ratio of all “non-farm dwelling acreage” to “farm acreage” on
the BFT may not exceed one (1) to twenty (20). For example, if the BFT is
200 acres the total amount of the BFT acreage that can be converted to nonfarm dwelling acreage is 9.5 acres. This is calculated by taking the total
acreage in a BTF and dividing it by 21 (one unit of nonfarm + 20 units of farm
acres) with the resulting answer being the maximum amount of acreage of the
BFT that can be converted to a non-farm dwelling acreage. Non-farm dwelling
acreage shall be determined by the County based on the use of the property.
Two-family dwellings/duplexes are allowed but will count as two (2)
residences. Existing non-farm dwellings at the time of adoption of this chapter
are counted against the number of non-farm dwellings allowed. A farm
dwelling located on a BFT shall constitute one of the five (5) total dwellings
allowed on a BFT.
Once the housing density for the BFT is met, it will be required that the
remaining acreage in the BFT be subject to a deed restriction prohibiting any
additional dwellings or non-agricultural development. In addition, the
approval of an Administrative Conditional Use Permit to establish a non-farm
dwelling may be subject (based on the size of the lot) to recording of a deed
restriction that shall apply to the dwelling and to the balance of acreage on the
lot on which the dwelling is located. The deed restriction shall prohibit any
additional dwellings or non-agricultural development on the remainder of the
lot ensuring “farm acreage” is maintained.
1. A parcel for a non-farm dwelling authorized by an Administrative
Conditional Use Permit shall not do any of the following:
a. Convert prime farmland from agricultural use or convert land
previously used as cropland, other than woodlot, from agricultural use
if on the farm there is a reasonable alternative location or size for a
non- farm dwelling and related lot.
b. Significantly impair or limit the current or future agricultural use of
other protected farmland.
2. Calculation. The allowable number of non-farm residential lots shall be
calculated by dividing the size of the BFT in acres by the maximum
residential density of the district. (Example: ninety-two {92} acre lot in the
Agriculture/Natural Resource-40 district results in ninety-two divided by
forty equals two point three {92/40 = 2.3 lots}.)

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

3. Rounding. Any fractional lot resulting from the calculation in eighteen
{18} (a) two {2} which is at least point seventy-five (.75) shall be rounded
up to the next whole number.
4. Minimum lot size. No lot or building site shall be created which does not
meet the minimum lot area requirements of this Ordinance.
19. Nonprofit and/or charitable organizations related to agriculture meeting the
requirements of State Statutes 91.46(5).
20. Public wayside or roadside park meeting the requirements of State Statutes
91.46(5).
21. Sanitary landfill meeting the requirements of State Statutes 91.46(5).
22. Schools/Colleges/Universities meeting the requirements of State Statutes 91.46(5).
23. Winery/Brewery/Other related use provided the product is made on site.
24. Transportation, communications, pipeline, electric transmission, utility, or
drainage use. A transportation, communications, pipeline, electric transmission,
utility, or drainage use qualifies for the purposes of sub-section B. 7. if the
Department determines that all of the following apply:
a. The use and its location in the farmland preservation zoning district are
consistent with the purposes of the farmland preservation zoning district.
b. The use and its location in the farmland preservation zoning district are
reasonable and appropriate, considering alternative locations, or are
specifically approved under state or federal law.
c. The use is reasonably designed to minimize conversion of land, at and around
the site of the use, from agricultural use or open space use.
d. The use does not substantially impair or limit the current or future agricultural
use of surrounding parcels of land that are zoned for or legally restricted to
agricultural use.
e. Construction damage land remaining in agricultural use is minimized and
repaired, to the extent feasible.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
d. Standards for Rezoning land out of the Agriculture/Natural Resource-40 District.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

1. The Department of Agriculture, Trade and Consumer Protection shall be notified
of all rezoning out of the farmland preservation district by March 1 of each year.
2. Decisions on petitions for rezoning areas within the ANR-40 Zoning District shall
be based on the following findings:
a. The land is better suited for a use not permitted in the ANR-40 Zoning District.
b. The rezoning is consistent with the Buffalo County Comprehensive Land Use
Plan.
c. The rezoning is substantially consistent with the county certified Farmland
Preservation Plan.
d. The rezoning will not substantially impair or limit current or future agricultural
use of surrounding parcels of land that are zoned for or legally restricted to
agricultural use.
e. Adequate public facilities to serve the proposed development are present or
will be provided.
f. The proposed development will not cause unreasonable air and water pollution,
soil erosion or adverse effects on rare or irreplaceable natural areas.
g. The need of the proposed development in an agricultural area.
h. The availability of alternate locations.
i. The productivity of the agricultural land involved.
B. AGRICULTURE/NATURAL RESOURCE – 20 (ANR- 20).
1. Purpose and Intent. The Agriculture/Natural Resource-20 District is established with
the intention of promoting the preservation of farmland, a goal established in the Buffalo
County Comprehensive Land Use Plan. The purpose of the ANR-20 District is to protect
and preserve the historic use of prime soils for agricultural production and raising
livestock, with other soil types and steeper slopes protected for natural resource
production and harvesting uses such as commercial logging and silviculture. The ANR20 District establishes policies intended to ensure the long-term stability, productivity, and
sustainability of agricultural and natural resource lands and land uses including supporting
industries.
It is the intent of the ANR-20 zoning district to strictly limit the intrusion of nonagricultural uses and development which can conflict with traditional and contemporary
farming operations and practices. Non-farm residents and other users of land in this
district may be subject to inconvenience and/or discomfort arising from normal and
accepted agricultural practices and operations including but not limited to; noise, odor,
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

dust, operation of machinery, storage and dispersal of manure and the application of;
fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and
other users of property should be prepared to accept such farming practices which may
generate inconvenience, discomfort and possible injury from normal farming operations,
and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar
them from obtaining legal judgment against such normal farming/agricultural operations.
The maximum non-farm dwelling density allowed in the ANR-20 District is established at
one (1) dwelling per twenty (20) acres of land owned under a single deed.
A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from
any existing feedlot, manure storage structure or livestock confinement structure with a
capacity of fifty (50) animal units or more.
a. Permitted Uses:
1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
2. Accessory uses
a. A building, structure, or improvement that is an integral part of, or is incidental
to, an agricultural use.
b. Home Occupations, as defined in Chapter 9 of this Ordinance.
c. Home Business, as defined in Chapter 9 of this Ordinance.
d. Roadside Stands, temporary seasonal roadside sales of agricultural products
primarily produced on the premises.
e. Tourist Rooming House.
3. Agricultural uses conducted for the purpose of producing an income or livelihood:
a. Agronomic crop production
b. Apiculture
c. Aquaculture and/or fish hatcheries
d. Dairying
e. Fallow land
f. Floriculture
g. Grazing
h. Greenhouses
i. Hatcheries
j. Horticulture crop production
k. Nursery, sod, and Christmas tree production
l. Raising livestock
m. Silviculture
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

n. Viticulture.
4. One (1) additional dwelling unit either a manufactured or modular dwelling for a
parent or child of a farm owner, or for persons earning a substantial part of their
livelihood on the farm. The additional dwelling must meet all applicable setback,
lot size and spacing requirements in the event it is sold in the future.
5. Public utilities
6. Recreational Dwelling meeting all of the requirements as described in Chapter 9
of this Ordinance.
7. Single Family Dwelling
8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration, not to exceed one hundred twenty 120 days meeting
all of the requirements as described in Chapter 9 of this Ordinance.
9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the
requirements as described in Chapter 9 of this Ordinance.
10. Transportation, utility, communication, or other uses that are required under state
or federal law to be located in a specific place, or that are authorized to be located
in a specific place under a state or federal law that preempts the requirement of a
conditional use permit for that use.
11. Undeveloped natural resource and open space areas, and associated conservation
practices.
a. Hunting, fishing, trapping, and consumption of naturally replenishing
resources.
b. Conditional Uses:
1. Agriculture related uses, all uses listed below shall maintain a minimum setback of
three hundred (300) feet from any residential district or residential lot.
a. Animal hospitals that primarily service livestock.
b. Animal slaughtering and/or butchering establishments.
c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed
directly to farms.
d. Facilities primarily engaged in the sale and servicing of farm vehicles or other
farm equipment.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

e. Facilities primarily engaged in providing agronomic or veterinary services to
farms.
f. Mills or rendering plants that process raw agricultural commodities or
agricultural by-products received directly from farms, or supply animal feed
directly to farms.
g. Food processing plants that process raw agricultural commodities received
from farms.
h. Grain warehouses, potato warehouses, or other warehouses that store raw
agricultural commodities received from farms.
2. Airports, air strips, or landing fields.
3. Arboretums.
4. Assisted living facilities.
5. Bed and Breakfast Establishment meeting all of the requirements as described in
Chapter 9 of this Ordinance.
6. Blacksmiths.
7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per
Board of Adjustment variance.
8. Captive Wildlife Operations meeting all of the requirements as described in
Chapter 9 of this Ordinance.
9. Cemeteries and/or memorial gardens.
10. Commercial grain drying operation.
11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as
described in Chapter 9 of this Ordinance.
12. Commercial Riding Stables meeting all of the requirements as described in
Chapter 9 of this Ordinance.
13. Communication Towers over one hundred (100) feet in height, including all
ancillary equipment.
14. Community centers.
15. Convention centers, exhibition halls, and/or similar facilities.
16. Driving ranges.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

17. Fur Farms meeting all of the requirements as described in Chapter 9 of this
Ordinance.
18. Game farms meeting ATCP standards.
19. Golf courses.
20. Government uses and facilities.
21. Health care facilities.
22. Home or Farm Based Businesses that are owned and operated by a resident
occupant which is secondary to the use of the premises, provided that the criteria
in Chapter 9 of this Ordinance are met.
23. Kennels meeting all of the requirements as described in Chapter 9 of this
ordinance.
24. Land alteration over one (1) acre for non-agricultural purposes.
25. Libraries.
26. Livestock confinement structure or area intended to house or to expand over two
hundred fifty (250) animal units.
27. Mini Warehouse Storage Facility.
28. Museums.
29. Nonprofit, and/or charitable organizations and facilities.
30. Parks.
31. Penal/correctional institutions.
32. Permanent sawmills meeting all of the requirements as described in Chapter 9 of
this Ordinance.
33. Playgrounds.
34. Public safety facilities (fire station, police station, emergency shelter, etc.).
35. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
36. Public wayside or roadside park.
37. Religious institutions.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

38. Sanitary landfill.
39. Schools (K-12).
40. Skating parks.
41. Skiing and/or snowboarding facilities.
42. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of
the requirements as described in Chapter 9 of this Ordinance.
43. Sport fields/courts.
44. Swimming pools.
45. Winery/Brewery/Other related use provided the product is made on site.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
C. AGRICULTURE/NATURAL RESOURCE – 10 (ANR-10).
1. Purpose and Intent. The Agriculture/Natural Resource -10 District is established with the
intention of promoting the preservation of farmland, a goal established in the Buffalo
County Comprehensive Land Use Plan. The purpose of the ANR-10 District is to protect
and preserve the historic use of prime soils for agricultural production and raising
livestock, with other soil types and steeper slopes protected for natural resource
production and harvesting uses such as commercial logging and silviculture. The ANR10 District establishes policies intended to ensure the long term stability, productivity, and
sustainability of agricultural and natural resource lands and land uses including supporting
industries.
It is the intent of the ANR-10 zoning district to limit the intrusion of non-agricultural uses
and development which can conflict with traditional and contemporary farming operations
and practices. Non-farm residents and other users of land in this district may be subject to
inconvenience and/or discomfort arising from normal and accepted agricultural practices
and operations including but not limited to; noise, odor, dust, operation of machinery,
storage and dispersal of manure and the application of; fertilizers, herbicides, soil
amendments and pesticides. Owners of property, residents and other users of property
should be prepared to accept such farming practices which may generate inconvenience,
discomfort and possible injury from normal farming operations, and are hereby officially
noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining
legal judgment against such normal farming/agricultural operations.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

The maximum non-farm dwelling density allowed in the ANR-10 District is established at
one (1) dwelling per ten (10) acres of land owned under a single deed.
A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from
any existing feedlot, manure storage structure or livestock confinement structure with a
capacity of fifty (50) animal units or more.
a. Permitted Uses:
1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
2. Accessory uses:
a. A building, structure, or improvement that is an integral part of, or is incidental
to, an agricultural use.
b. Home Occupations, as defined in Chapter 9 of this Ordinance.
c. Home Business, as defined in Chapter 9 of this Ordinance.
d. Roadside Stands, temporary seasonal roadside sales of agriculture products
primarily produced on the premises.
e. Tourist Rooming House.
3. Agricultural uses conducted for the purpose of producing an income or livelihood:
a. Agronomic crop production
b. Apiculture
c. Aquaculture and/or fish hatcheries
d. Dairying
e. Fallow land
f. Floriculture
g. Grazing
h. Greenhouses
i. Hatcheries
j. Horticultural crop production
k. Nursery, sod, and Christmas tree production
l. Raising livestock
m. Silviculture
n. Viticulture
4. One (1) additional dwelling unit either a manufactured or modular dwelling for a
parent or child of a farm owner or for persons earning a substantial part of their
livelihood on the farm. The additional dwelling must meet all applicable setback,
lot size and spacing requirements in the event it is sold in the future.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

5. Public utilities.
6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of
this ordinance.
7. Single Family Dwelling.
8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting
all of the requirements as described in Chapter 9 of this Ordinance.
9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the
requirements as described in Chapter 9 of this Ordinance.
10. Transportation, utility, communication, or other uses that are required under state
or federal law to be located in a specific place, or that are authorized to be located
in a specific place under a state or federal law that preempts the requirement of a
conditional use permit for that use.
11. Undeveloped natural resource and open space areas, and associated conservation
practices.
a. Hunting, fishing, trapping, and consumption of naturally replenishing
resources.
b. Conditional Uses:
1. Agriculture related uses, all uses listed below shall maintain a minimum setback of
four hundred (400) feet from any residential district or residential lot.
a. Animal hospitals that primarily service livestock.
b. Animal slaughtering and/or butchering establishments.
c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed
directly to farms
d. Facilities primarily engaged in sale and servicing of farm vehicles or other
farm equipment.
e. Facilities primarily engaged in providing agronomic or veterinary services to
farms.
f. Food processing plants that process raw agricultural commodities received
from farms.
g. Grain warehouses, potato warehouses, or other warehouses that store raw
agricultural commodities received from farms.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

h. Mills or rendering plants that process raw agricultural commodities or
agricultural by-products received directly from farms, or supply animal feed
directly to farms
2. Airports, air strips, or landing fields.
3. Arboretums.
4. Assisted living facilities.
5. Bed and Breakfast Establishment meeting all of the requirements as described in
Chapter 9 of this Ordinance.
6. Blacksmiths.
7. Campground with twenty (20) sites of less. Additional sites may be allowed per
Board of Adjustment variance.
8. Captive Wildlife Operations meeting all of the requirements as described in
Chapter 9 of this Ordinance.
9. Cemeteries and/or memorial gardens.
10. Commercial grain drying operation.
11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as
described in Chapter 9 of this Ordinance.
12. Commercial Riding Stables meeting all of the requirements as described in
Chapter 9 of this Ordinance.
13. Communication Towers over one hundred (100) feet in height, including all
ancillary equipment.
14. Community centers.
15. Convention centers, exhibition halls, and/or similar facilities.
16. Driving ranges.
17. Fur Farms meeting all of the requirements as described in Chapter 9 of this
Ordinance.
18. Game farms meeting ATCP standards.
19. Golf courses.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

20. Government uses and facilities.
21. Health care facilities.
22. Home or Farm Based Business that are owned and operated by a resident occupant
which is secondary to the use of the premises, provided that the criteria in Chapter
9 of this Ordinance are met.
23. Kennels meeting all of the requirements as described in Chapter 9 of this
Ordinance.
24. Land alteration over one acre for non-agricultural purposes.
25. Libraries.
26. Livestock confinement structure or area intended to house or to expand over two
hundred fifty (250) animal units.
27. Mini Warehouse Storage Facility.
28. Museums.
29. Nonprofit, and/or charitable organizations and facilities.
30. Parks.
31. Penal / correctional institutions.
32. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of
this Ordinance.
33. Playgrounds.
34. Public safety facilities (fire station, police station, emergency shelter, etc.).
35. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
36. Public wayside or roadside park.
37. Religious institutions.
38. Sanitary landfill.
39. Schools (K-12).
40. Skating parks.
41. Skiing and/or snowboarding facilities.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

42. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of
the requirements as described in Chapter 9 of this Ordinance.
43. Sports fields/courts.
44. Swimming pools.
45. Winery/Brewery/Other related use provided the product is made on site.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
D. AGRICULTURE/NATURAL RESOURCE – 5 (ANR- 5).
1. Purpose and Intent. The Agriculture/Natural Resource -5 District is established to allow a
higher density of development on lands which will have a limited potential for impact on
agricultural or natural resource production. It is also intended that the district promote the
preservation of farmland, a goal established in the Buffalo County Comprehensive Land Use
Plan. The purpose of the ANR- 5 District is to protect and preserve the historic use of prime
soils for agricultural production and raising livestock, with other soil types and steeper slopes
protected for natural resource production and harvesting uses such as commercial logging and
silviculture. The ANR- 5 District establishes policies intended to ensure the long term
stability, productivity, and sustainability of agricultural and natural resource lands and land
uses including supporting industries.
It is the intent of the ANR- 5 zoning district to moderately limit the intrusion of nonagricultural uses and development which can conflict with traditional and contemporary
farming operations and practices. Non-farm residents and other users of land in this district
may be subject to inconvenience and/or discomfort arising from normal and accepted
agricultural practices and operations including but not limited to; noise, odor, dust, operation
of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides,
soil amendments and pesticides. Owners of property, residents and other users of property
should be prepared to accept such farming practices which may generate inconvenience,
discomfort and possible injury from normal farming operations, and are hereby officially
noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal
judgment against such normal farming/agricultural operations.
The maximum non-farm dwelling density allowed in the ANR-5 District is established at one
(1) dwelling per five (5) acres of land owned under a single deed.
A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any
existing feedlot, manure storage structure or livestock confinement structure with a capacity
of fifty (50) animal units or more.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

a. Permitted Uses:
1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
2. Accessory uses:
a. A building, structure, or improvement that is an integral part of, or is incidental
to, an agricultural use.
b. Home Occupations, as defined in Chapter 9 of this Ordinance.
c. Home Business, as defined in Chapter 9 of this Ordinance.
d. Roadside Stands, temporary seasonal roadside sales of agriculture products
primarily produced on the premises.
e. Tourist Rooming House.
3. Agricultural uses conducted for the purpose of producing an income or livelihood:
a. Agronomic crop production
b. Apiculture
c. Aquaculture and/or fish hatcheries
d. Dairying
e. Fallow land
f. Floriculture
g. Grazing
h. Greenhouses
i. Hatcheries
j. Horticultural crop production
k. Nursery, sod, and Christmas tree production
l. Raising livestock
m. Silviculture
n. Viticulture
4. One additional dwelling unit either a manufactured or modular dwelling for a
parent or child of a farm owner, or for persons earning a substantial part of their
livelihood on the farm. The additional dwelling must meet all applicable setback,
lot size and spacing requirements in the event it is sold in the future.
5. Public utilities.
6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
7. Single Family Dwelling, duplexes.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting
all of the requirements as described in Chapter 9 of this Ordinance.
9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the
requirements as described in Chapter 9 of this Ordinance.
10. Transportation, utility, communication, or other uses that are required under state
or federal law to be located in a specific place, or that are authorized to be located
in a specific place under a state or federal law that preempts the requirement of a
conditional use permit for that use.
11. Undeveloped natural resource and open space areas, and associated conservation
practices.
a. Hunting, fishing, trapping, and consumption of naturally replenishing
resources.
b. Conditional Uses:
1. Agricultural related uses, all uses listed below shall maintain a minimum setback
of five hundred (500) feet from any residential district or residential lot.
a. Animal hospitals that primarily service livestock.
b. Animal slaughtering and/or butchering establishments.
c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed
directly to farms.
d. Facilities primarily engaged in sale and servicing of farm vehicles or other
farm equipment.
e. Facilities primarily engaged in providing agronomic or veterinary services to
farms.
f. Food processing plants that process raw agricultural commodities received
from farms.
g. Grain warehouses, potato warehouses, or other warehouses that store raw
agricultural commodities received from farms.
h. Mills or rendering plants that process raw agricultural commodities or
agricultural by-products received directly from farms, or supply animal feed
directly to farms.
2. Airports, air strips, or landing fields.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

3. Arboretums.
4. Assisted living facilities.
5. Bed and Breakfast Establishment meeting all of the requirements as described in
Chapter 9 of this Ordinance.
6. Blacksmiths.
7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per
Board of Adjustment variance.
8. Captive Wildlife Operations meeting all of the requirements as described in
Chapter 9 of this Ordinance.
9. Cemeteries and/or memorial gardens.
10. Commercial grain drying operation.
11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as
described in Chapter 9 of this Ordinance.
12. Communication Towers over one hundred (100) feet in height, including all
ancillary equipment.
13. Community centers.
14. Convention centers, exhibition halls, and/or similar facilities.
15. Driving ranges.
16. Fur Farms meeting all of the requirements as described in Chapter 9 of this
Ordinance.
17. Game farms meeting ATCP standards.
18. Golf courses.
19. Government uses and facilities.
20. Health care facilities.
21. Home or Farm Based Businesses that are owned and operated by a resident
occupant which is secondary to the use of the premises, provided that the criteria
in Chapter 9 of this Ordinance are met.
22. Kennels meeting all of the requirements as described in Chapter 9 of this
Ordinance.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

23. Land alteration over one acre for non-agricultural purposes.
24. Libraries.
25. Livestock confinement structure or area intended to house or to expand over two
hundred fifty (250) animal units.
26. Mini Warehouse Storage Facility.
27. Museums.
28. Nonprofit, and/or charitable organizations and facilities.
29. Parks.
30. Penal/correctional institutions.
31. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of
this Ordinance.
32. Playgrounds.
33. Public safety facilities (fire station, police station, emergency shelter, etc.).
34. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
35. Public wayside or roadside park.
36. Religious institutions.
37. Sanitary landfill.
38. Schools (K-12).
39. Skating parks.
40. Skiing and/or snowboarding facilities.
41. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of
the requirements as described in Chapter 9 of this Ordinance.
42. Sport fields/courts.
43. Swimming pools.
44. Winery/Brewery/Other related use provided the product is made on site.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
E. AGRICULTURE/NATURAL RESOURCE TRANSITION – 5 (ANRT- 5).
1. Purpose and Intent. The Agriculture/Natural Resource Transition -5 District is intended to
allow a higher density of development on lands transitioning from agriculture. The ANRT-5
District is established as a transitional district recognizing areas that are transitioning from
agricultural to more residential uses. To encourage the transition a limit on animal units
within any single structure or combination of structures is limited. A new feedlot or animal
confinement structure or combination of structures, located on the same lot or combination of
contiguous lots, shall contain or confine no more than twenty-five (25) animal units. An
existing feedlot or confinement structure/operation shall not expand to over twenty-five (25)
animal units.
Non-farm residents and other users of land in this district may be subject to inconvenience
and/or discomfort arising from normal and accepted agricultural practices and operations
including but not limited to; noise, odor, dust, operation of machinery, storage and dispersal
of manure and the application of; fertilizers, herbicides, soil amendments and pesticides.
Owners of property, residents and other users of property should be prepared to accept such
farming practices which may generate inconvenience, discomfort and possible injury from
normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI
Statutes 823.08) may bar them from obtaining legal judgment against such normal
farming/agricultural operations.
The maximum non-farm dwelling density allowed in the ANRT-5 District is established at
one (1) dwelling per five (5) acres of land owned under a single deed.
A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any
existing feedlot, manure storage structure or livestock confinement structure with a capacity
of twenty-five (25) animal units or more.
a. Permitted Uses:
1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
2. Accessory uses:
a. A building, structure, or improvement that is an integral part of, or is incidental
to, an agricultural use.
b. Home Occupations, as defined in Chapter 9 of this Ordinance.
c. Home Business, as defined in Chapter 9 of this Ordinance.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

d. Roadside Stands, temporary seasonal roadside sales of agriculture products
primarily produced on the premises.
e. Tourist Rooming House.
3. Agricultural uses conducted for the purpose of producing an income or livelihood:
a. Agronomic crop production
b. Apiculture
c. Aquaculture and/or fish hatcheries
d. Dairying
e. Fallow land
f. Floriculture
g. Grazing
h. Greenhouses
i. Hatcheries
j. Horticultural crop production
k. Nursery, sod, and Christmas tree production
l. Raising livestock
m. Silviculture
n. Viticulture
4. One (1) additional dwelling unit either a manufactured or modular dwelling for a
parent or child of a farm owner, or for persons earning a substantial part of their
livelihood on the farm. The additional dwelling must meet all applicable setback,
lot size and spacing requirements in the event it is sold in the future.
5. Public utilities.
6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of
this Ordinance.
7. Single Family Dwelling, duplexes.
8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting
all of the requirements as described in Chapter 9 of this Ordinance.
9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the
requirements as described in Chapter 9 of this Ordinance.
10. Transportation, utility, communication, or other uses that are required under state
or federal law to be located in a specific place, or that are authorized to be located
in a specific place under a state or federal law that preempts the requirement of a
conditional use permit for that use.
11. Undeveloped natural resource and open space areas, and associated conservation
practices.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

a. Hunting, fishing, trapping, and consumption of naturally replenishing
resources.
b. Conditional Uses:
1. Agricultural related uses, all uses listed below shall maintain a minimum setback of
five hundred (500) feet from any residential district or residential lot.
a. Animal hospitals that primarily service livestock.
b. Animal slaughtering and/or butchering establishments.
c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed
directly to farms.
d. Facilities primarily engaged in sale and servicing of farm vehicles or other
farm equipment.
e. Facilities primarily engaged in providing agronomic or veterinary services to
farms.
f. Food processing plants that process raw agricultural commodities received
from farms.
g. Grain warehouses, potato warehouses, or other warehouses that store raw
agricultural commodities received from farms.
h.

Mills or rendering plants that process raw agricultural commodities or
agricultural by-products received directly from farms, or supply animal feed
directly to farms.

2. Airports, air strips, or landing fields.
3. Arboretums.
4. Assisted living facilities.
5. Bed and Breakfast Establishment meeting all of the requirements as described in
Chapter 9 of this Ordinance.
6. Blacksmiths.
7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per
Board of Adjustment variance.
8. Captive Wildlife Operations meeting all of the requirements as described in
Chapter 9 of this Ordinance.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

9. Cemeteries and/or memorial gardens.
10. Commercial grain drying operation.
11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as
described in Chapter 9 of this Ordinance.
12. Communication Towers over one hundred (100) feet in height, including all
ancillary equipment.
13. Community centers.
14. Convention centers, exhibition halls, and/or similar facilities.
15. Driving ranges.
16. Fur Farms meeting all of the requirements as described in Chapter 9 of this
Ordinance.
17. Game farms meeting ATCP standards.
18. Golf courses.
19. Government uses and facilities.
20. Health care facilities.
21. Home or Farm Based Businesses that are owned and operated by a resident
occupant which is secondary to the use of the premises, provided that the criteria
in Chapter 9 of this Ordinance are met.
22. Kennels meeting all of the requirements as described in Chapter 9 of this
Ordinance.
23. Land alteration over one acre for non-agricultural purposes.
24. Libraries.
25. Livestock confinement structure or area intended to house or to expand over two
hundred fifty (250) animal units.
26. Mini Warehouse Storage Facility.
27. Museums.
28. Nonprofit, and/or charitable organizations and facilities.
29. Parks.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

30. Penal / correctional institutions.
31. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of
this Ordinance.
32. Playgrounds.
33. Public safety facilities (fire station, police station, emergency shelter, etc.).
34. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
35. Public wayside or roadside park.
36. Religious institutions.
37. Sanitary landfill.
38. Schools (K-12).
39. Skating parks.
40. Skiing and/or snowboarding facilities.
41. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of
the requirements as described in Chapter 9 of this Ordinance.
42. Sport fields/courts.
43. Swimming pools.
44. Winery/Brewery/Other related use provided the products is made on site.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
F. RESIDENTIAL (R)
1. Purpose and Intent. The Residential District is created to establish and protect the
essential characteristics of areas within which predominantly high density residential
development not served by public sewer and water facilities should occur, along with certain
community and recreational uses to serve the residents of the district. A minimum lot size of
one (1) acre is established for areas of the district not served by public sewer facilities
provided the lot has adequate soils and area for two (2) waste treatment systems.
Additionally, this district can be utilized in areas served by public sewer facilities in which
case a minimum lot size of point twenty-five (.25) acres is required.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

a. Permitted Uses:
1. Accessory buildings.
2. Home Occupations meeting requirements in Chapter 9 of this Ordinance.
3. Household pets.
4. Public utilities.
5. Single-Family Dwellings, duplexes.
b. Conditional Uses:
1. Bed and Breakfast Establishment meeting all of the requirements as described in
Chapter 9 of this Ordinance
2. Communication Towers over thirty-five (35) feet.
3. Community centers.
4. Condominiums or apartment buildings.
5. Halfway houses or group homes.
6. Home Businesses meeting requirement in Chapter 9 of this Ordinance.
7. Libraries.
8. Manufactured Home Communities meeting requirement in Chapter 9 of this
Ordinance
9. Multi-family dwellings.
10. Parks.
11. Playgrounds.
12. Public safety facilities (fire station, police station, emergency shelter, etc.).
13. Religious institutions.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

G. CONSERVATION (CONS).
1. Purpose and Intent. The Conservation District primarily consists of County, State, and
Federally owned lands established to protect and preserve the natural state of certain areas
such as low-land swamps, marshes, wetlands, stream beds, slopes, bluffs, wooded areas, water
areas and other areas of aesthetic value for the benefit of this and future generations.
Development of these areas is discouraged but not prohibited unless federal, state or local
ordinances that prohibit development regulate the areas.
a. Permitted Uses:
1. Arboretums.
2. Cemeteries.
3. Churches.
4. Conservation structures.
5. Dugout ponds and level ditches.
6. Fire control structures.
7. Flood overflow and movement of water.
8. Forest preserves, forestry and the production of forest products.
9. Forestry and game management.
10. Grazing.
11. Hiking trails.
12. Hunting, fishing, and/or wildlife preserve; or other historic/scientific areas.
13. Navigation.
14. Parks.
15. Passive recreation (hiking, picnicking, bird watching, community gardening, etc.).
16. Public utilities.
17. Public properties.
18. Town, County, State, Federal facilities.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

19. Water-related recreational uses (fishing, boating, swimming, wading, beaches,
etc.).
20. Wild crop harvesting, including marsh hay, moss, ferns, wild rice, berries, fruit,
nuts, and seeds.
21. Winter-related recreational uses (ice skating, sledding, skiing, snowboarding, etc.).
b. Conditional Uses:
All of the uses listed below, as well as any structures accompanying otherwise
permitted uses, shall require a conditional use permit.
1. Archery ranges.
2. Bath houses.
3. Camps.
4. Campgrounds.
5. Conservation organizations.
6. Conservatories.
7. Dams, flowages and hydroelectric power.
8. Government operated mines, quarries and gravel pits.
9. Equine-related activities (riding academy, polo field, etc.).
10. Major utilities.
11. Nature centers.
12. Playgrounds.
13. Small Arms Firing Ranges.
14. Zoological and botanical gardens.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
H. COMMERCIAL (C).
1. Purpose and Intent. The Commercial District is created to establish and protect locations
in which a wide variety of compatible commercial uses can be located. Within this district,
residential development and heavy manufacturing uses are not permitted in the interest of
furthering the livelihood of the permitted retail commercial uses and protecting uses from the
effects of incompatibility. A minimum lot size of one (1) acre is established for areas of the
district not served by public sewer facilities provided the lot has adequate soils and area for
two (2) waste treatment systems. In areas served by public sewer facilities a minimum lot
size of point twenty-five (.25) acres is required.
a. Permitted Uses:
1. Accessory Dwelling.
2. Appliances, computers, or electronics-sales and/or services.
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3. Automotive sales less than twenty (20) vehicles.
4. Artistic/creative schools, studios, and/or shops (dance, music, photography,
etc.).
5. Building or yard – sales and/or services for development, maintenance, or
improvement.
6. Clothing, footwear, or personal accessories – sales and/or services.
7. Collectibles – sales and/or services (antiques, books, music, models, etc.).
8. Communication enterprises (newspaper office, radio station, etc.).
9. Day-care facilities or pre-schools.
10. Financial institutions or services (banks, credit unions, financial planners, etc.).
11. Fitness or sports – sales and/or services (fitness center, yoga, martial arts,
sporting goods, bicycle shop, etc.).
12. Florist and/or gift shops.
13. Food and drink – sales, packaged, without alcohol (convenience store, market,
deli, coffee shop, etc.).
14. Food and drink – sales prepared, with alcohol (restaurant, caterer, tavern, etc.).
15. Furniture or interior accessories – sales and/or services.
16. General retail sales.
17. Health care sales and/or services (clinics, optometrists, dentists, pharmacies,
etc.).
18. Indoor maintenance.
19. Internet cafés.
20. Laundromats, dry cleaning.
21. Lodges, meeting halls, offices of labor organizations, or similar facilities.
22. Mini-Warehouse Storage Facilities meeting the requirements in Chapter 9 of
this Ordinance.
23. Motor vehicle sales and/or services without fuel storage tanks.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

24. Office support and/or supplies.
25. Outfitters, Guiding Services with or without lodging.
26. Personal grooming or therapeutic body work—sales and/or services (salon, spa,
etc.).
27. Pet shops.
28. Professional offices (attorney, realtor, insurance agent, etc.).
29. Public and private parking.
30. Public utilities.
31. Retail sales.
32. Restaurants, but not including drive-in restaurants.
33. Theater (indoor only).
34. Travel bureau services.
35. Veterinary services, without outside runs.
b. Conditional Uses:
1. Automotive service station, convenience store (with or without fuel sales).
2. Automotive repair service.
3. Automotive sales over twenty (20) vehicles and service.
4. Bottled gas storage and distribution.
5. Campgrounds.
6. Construction and/or contracting businesses, or lumber yards.
7. Cultural facilities (library, museum, indoor theater, community center, etc.).
8. Department stores.
9. Drive-Ins serving food or beverages for consumption outside the structure.
10. Food and drink—sales, packaged, with alcohol (convenience store, market, deli, coffee shop
etc.).
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11. Full veterinarian services, outside runs.
12. Funeral homes and/or crematories, provided all principal structures and uses are not less than
twenty-five (25) feet from any lot line.
13. Greenhouses or similar growing facilities.
14. Lodging facilities (hotel, motel, etc.).
15. Motor vehicle fuel sales and/or services, provided all fuel pumps are not less than 30 feet from
any side or rear lot line and twenty (20) feet from any existing or proposed road right-of-way
line.
16. Outdoor theaters.
17. Parks and playgrounds.
18. Printing, lithograph, photo engraving, etc.
19. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
20. Recreation-private indoor (small arms firing range, bowling alley, dance hall, arcade, etc.).
21. Recreation-private outdoor (driving range, miniature golf, etc.).
22. Tattoo and/or piercing establishments.
23. Wine, liquor, and/or fermented malt beverage—production.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
I. INDUSTRIAL (I).
1. Purpose and Intent. The purpose of the district is to accommodate a heavy volume of
traffic, the potential need for rail access to lots and the presence of noise and other factors
which could pose a nuisance in other districts. The intensity and use of land as permitted in
this district is intended to facilitate the total range of industrial uses. The district is also
designed to accommodate warehouse and limited commercial uses. A minimum lot size of
one (1) acre is established for areas of the district not served by public sewer facilities
provided the lot has adequate soils and area for two (2) waste treatment systems. In areas
served by public sewer facilities a minimum lot size of point twenty-five (.25) acres is
required.

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a. Permitted Uses:
1. Accessory Dwelling.
2. Blacksmiths.
3. Building material sales, lumberyard.
4. Commercial radio or television transmitting antenna towers or other electronic
equipment requiring outdoor towers, including antenna towers for the dispatching
of private messages.
5. Contractor and/or construction offices, shops, and/or yards (building, cement,
electrical, heating, ventilating and air conditioning, masonry, lumber, painting,
plumbing, refrigeration, roofing, etc.).
6. Distribution businesses.
7. Emergency services or shelters.
8. Feed mills.
9. Industry, light.
10. Machinery rental, sales, and/or services.
11. Machine shops, metal products manufacture, and/or tool and die shops.
12. Manufacturing, assembling, fabricating, packaging, processing, repairing,
servicing, cleaning, storing, refining, distilling, condensing, bottling, baking,
canning, preserving, or testing any legal food, beverage, material, organic
substance, device, component, or consumer good.
13. Meeting halls and/or offices of labor organizations.
14. Monument stone cutting.
15. Motor vehicle services and sales.
16. Pattern shops.
17. Plating operations (electroplating, chrome plating, gilding, galvanizing, etc.).
18. Printing, binding, fulfillment, and/or lithography facilities.
19. Professional or business offices.
20. Propane distribution site.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

21. Public safety facilities (fire station, police station, emergency shelter, etc.).
22. Public utilities.
23. Road test facilities.
24. Sign painting.
25. Slaughterhouses.
26. Soldering and/or welding shops.
27. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted
nonmetallic mine, duration, not to exceed one hundred twenty 120 days meeting
all of the requirements as described in Chapter 9 of this Ordinance.
28. Trade schools and/or training facilities.
29. Truck terminals and freight houses.
30. Warehousing/distribution.
31. Warehouses, lockers, or cold storage facilities.
32. Wine, liquor, and/or fermented malt beverage—production.
b. Conditional Uses:
1. Airports, air strips, or landing fields, provided the site is not less than 20 acres.
2. Animal hospitals.
3. Bottling plant.
4. Clothing manufacture.
5. Concrete or Asphalt Plants meeting the requirements in Chapter 9 of this
Ordinance.
6. Crematories.
7. Data Centers
8. Dry-cleaning plants and/or laundries.
9. Enameling.
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10. Industry, heavy.
11. Industrial sand mining.
12. Machine shop, welding, metal fabrication, processing and welding.
13. Manufacturing, assembling, fabricating, packaging, processing, repairing,
servicing, cleaning, storing, refining, distilling, condensing, bottling, baking,
canning, preserving, or testing any legal chemical or fuel product.
14. Non-metallic mining for construction aggregate and or industrial silica sand
meeting the requirements of State Statutes 91.46(6) and the requirements of
Chapter 20 of this Ordinance.
15. Paper and wood product manufacturing and storage.
16. Paving batch plant for cement, asphalt and related materials.
17. Penal/correctional institutions.
18. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area.
19. Recreational facilities, indoor (small arms firing ranges, skating rinks, swimming
pools, athletic courts, etc.).
20. Rendering plant.
21. Research laboratories.
22. Salvage Operations meeting the requirements in Chapter 9 of this Ordinance.
23. Sawmills meeting the requirements in Chapter 9 of this Ordinance.
24. Stockyards.
25. Transportation terminals for passengers and/or freight (bus, heliport, tax, rail, etc.).
26. Uses generating more than two hundred (200) vehicle trips per day.
27. Waste storage, treatment, or recycling facilities.
28. Water filtration plants.
29. Waste disposal facilities.
c. Prohibited Uses:
1. Any use not specifically listed as a permitted or conditional use.
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CHAPTER 8
ZONING DISTRICT REQUIREMENTS & ZONING MAPS
1. Zoning District Requirements Table.
Zoning Districts

Min. Lot
Area (acres)

Min. Lot
Width-Road
Frontage

Agriculture/Natural
Resource – 40
(ANR-40)

2

100 Feet

Agriculture/Natural
Resource – 20
(ANR-20)

2

Agriculture/Natural
Resource – 10
(ANR-10)

Side Yard
Setback,
Minimum

Rear Yard
Setback,
Minimum

1 per 40 Acres owned
maximum of 4 total

20 Feet

40 Feet

100 Feet

1 per 20 Acres owned

20 Feet

40 Feet

2

100 Feet

1 per 10 Acres owned

20 Feet

40 Feet

Agriculture/Natural
Resource – 5
(ANR-5)

2

75 Feet

1 per 5 Acres owned

10 Feet

20 Feet

Agriculture/Natural
Resource Transition
– 5 (ANRT-5)

2

75 Feet

1 per 5 Acres owned

10 Feet

20 Feet

1 acre, .25
acres if served
by public
sewer

75 Feet
50 FeetSewered

NA

10 Feet

10 Feet

1 acre, .25
acres if served
by public
sewer

75 Feet
50 FeetSewered

NA

10 Feet
20 feet
from
Residential
lot

10 Feet
40 feet
from
Residential
lot
20 Feet
40 feet
from
Residential
lot
10 Feet

Residential (R)

Commercial (C)

Industrial (I)

Conservation
(CONS)

Maximum NonFarm Dwelling
Density per A/NR
District

1 acre, .25
acres if served
by public
sewer

100 Feet

NA

20 Feet
40 feet
from
Residential
lot

1

100 Feet

NA

10 Feet

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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

2. Density.
One (1) single family dwelling or duplex is permitted per lot, with the exception of dwellings located
in a manufactured home community. Lots containing uses other than single family dwellings or
duplexes shall not contain more than one principal use and its related principal and accessory
structures.
3. Setbacks.
A. Structure Setback Requirements. In all Agricultural, Commercial and Industrial Zoning
Districts all structures are required to be setback, a minimum, the height of the structure or the
setback distance listed in the table above, whichever is greater, from the property lines and
from all State, County and Town Highways.
B. Measurement. All distances are measured along a horizontal plane from the applicable
property line to a foundation or building wall edge of a structure. Setback distances are not
measured by following the topography of the land and are the shortest distance between the
lot line and the structure.
C. Front Yard Setback. The front yard setback shall be the minimum setback required from the
adjoining public road, not excluding 3.A above.
D. Structure and Use Location. Where a structure or use is proposed to be located or constructed
across a property line, or within the required minimum setback, or on a contiguous lot, the
two parcels must be replated by certified survey map prior to any permits being issued.
4. Lot Requirements.
A. Lot Width/Road Frontage. All lots or parcels upon which a dwelling, commercial or
industrial building is to be constructed shall abut upon a public road, street or highway. No
lot shall hereafter be so reduced or created so that it does not meet the minimum lot
width/road frontage and area requirements of this Ordinance.
If access is via a private road, it shall serve no more than four (4) dwellings. If a private road
already serves four (4) dwellings, no zoning permits shall be granted for an additional
dwelling or dwellings until the private road has been converted to a public road pursuant to
procedures set forth in Wisconsin Statutes. A private road shall not serve a multifamily
dwelling, a commercial building, or an industrial building.
B. Minimum Lot Area. The minimum lot area shall exclude road right-of-ways and calculation
of such shall be made as if that portion of the lot was not legally a portion of the description.
Only where lot lines end at the right of way of an adjoining highway shall the entire lot be
included in the lot area calculation.
C. Lot Depth. The depth of a lot shall not exceed six (6) times the width. The depth to width
ratio may be increased if approved by the Zoning Administrator (or BOA). The applicant
must demonstrate the necessity for a greater depth to width ratio due to topographic or site
specific conditions that make it impractical to meet the depth to width ratio requirements.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

D. Dimensional Standards. Buffalo County Floodplain, Shoreland, Wetland, and Subdivision
Ordinances may prescribe different minimum dimensional standards that this Ordinance. In
the event of conflict between a dimensional standard in this Ordinance and a similar
requirement in another Buffalo County Ordinance, the more restrictive dimensional standard
shall control.
No dimensional standard shall be reduced so as to make it less than the minimum required by
this Ordinance. If an existing dimension is less than the minimum required, it shall not be
further reduced.
5. Lots of Record.
Lots created prior to the effective date of this Ordinance shall be deemed a Lot of Record and shall be
considered legally buildable even though the lot may not meet the minimum lot area and lot width
requirements, provided that the lot is in separate ownership from abutting land, and further provided
that the lot is developed with a use that is permitted, and structures meet the minimum setback
requirements of the zoning district in which it is located.
A. Evidence. Lots of record must be of record in at least one of the following forms to establish
the date of the creation of the lot.
1. A recorded land deed, plat, or certified survey map, on file with the Buffalo County
Register of Deeds that predated the effective date of this Ordinance, showing the lot in its
present form.
2. A deed or land contract on file with the Buffalo County Register of Deeds which predates
the effective date of this Ordinance.
B. Lot Area Minimum. Minimum lot size for a Lot of Record shall be 20,000 square feet for
lots without public sewer, and 10,000 square feet for lots with public sewer.
A lot of record which qualifies as a building site may be enlarged through acquisition of
adjacent property, but need not comply with the lot area provision of Ch. 8.1. Any lot so
enlarged shall not thereafter be reduced below the minimum lot size required in the applicable
zoning district.
6. Determination of Uses Not Listed.
In any Zoning District, wherever a use is not specifically permitted or denied, the use shall be
considered to be prohibited. In such a case, the Zoning Committee, on its own initiative or upon the
request of a specific property owner, may conduct an evaluation to determine which zoning district, if
any, is most appropriate for the use contemplated or proposed and which, if any, performance
standards are appropriate to govern said use.
7. Maximum Residential Density Calculations in the Agriculture/Natural Resource – 20, 10,
and 5 Zoning Districts.
A. Allowable non-farm dwelling / residential lot density. Allowable residential lot density for
property under the same ownership shall be kept on file in the Zoning Office. The number of
permitted non-farm dwellings shall be noted on the official density map.
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B. Applicability. Maximum non-farm dwelling / residential lot density shall apply to the
creation of residential lots in the Agriculture/Natural Resource – 20, 10, and 5 Zoning
Districts.
C. Number of non-farm dwellings / residential lots. Parcels existing on the effective date of this
Ordinance shall not be divided into a number of residential lots which exceeds the allowable
number for the Agriculture/Natural Resource – 20, 10, and 5 Zoning Districts.
1. Calculation. The allowable number of residential lots shall be calculated by dividing the
size of the tract in acres by the maximum residential density of the District. (Example: A
forty-six {46} acre lot in the ANR-10 district results in; forty-six divided by ten equals
four point six, 46/10 = 4.6 lots.)
2. Rounding. Any fractional lot number, resulting from the calculation in 7.C.1., which is at
least point seventy-five (.75) shall be rounded up to the next whole number.
3. Existing dwelling units. Any dwelling unit, which exists on the effective date of this
Ordinance, and is located on a tract of land to be subdivided, shall not count against the
maximum residential lot density allowed.
4. Minimum lot size. No lot, parcel or building site shall be created which does not meet the
minimum lot area requirements of this Ordinance.
D. Transfer of allowable density. The transfer of allowable density from one lot to a contiguous
lot under the same ownership is permitted. Such transfer may also be across a public highway
to a lot under the same ownership which has opposite frontage.
E. All lots to contain allowance for residential use. No lot shall be created which does not carry
with it the allowance for at least one (1) dwelling unit under the maximum density calculation
unless such lot is permanently deed restricted to nonresidential use.
8. Zoning Maps.
A. Zoning districts shall be bounded and defined as shown on the zoning maps prepared by each
Town, and approved of by the County Board of Supervisors. The zoning maps shall be
entitled, Buffalo County Zoning Districts Map(s), on file in the Buffalo County Zoning
Department.
B. Interpretation of Zoning District Boundaries. The following rules shall be used to determine
the precise location of zoning district boundaries shown on the Buffalo County Zoning
Districts Map:
1. Boundaries shown as following or approximately following the limits of any municipal
corporation shall be construed as following such limits.
2. Boundaries shown as following or approximately following highways shall be construed
as following the centerlines of such highways; in the event of a change in the location of
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

such highways, the zoning district boundary shall be construed as moving with the
centerline.
3. Boundaries shown as following or approximately following platted lot lines or other
property lines as shown on the Buffalo County Real Property Listing Tax Maps shall be
construed as following such lines.
4. Boundaries shown as following or approximately following the centerlines of streams,
rivers, or other water courses shall be construed as following the centerline of such water
courses; in the event of a natural change in the location of such water courses, the zoning
district boundary shall be construed as moving with the centerline.
5. Boundaries shown as separated from, and parallel or approximately parallel to, any of the
features listed in paragraphs one (1) through four (4), shall be construed to be parallel to
such features and at such distances therefrom as are shown on the Buffalo County Zoning
Districts Map. In the event such boundaries are not parallel or approximately parallel to
any of the features listed in paragraphs (1) through (4) the interpretation of district
boundaries by the Zoning Administrator shall be conclusive.
C. Zoning Map Finalization. To accommodate final revisions to Town Zoning District Maps, the
Zoning Administrator may make edits to Town Maps upon the written or verbal request made
by a Town Chair or by means or a statement from a Town Board. Town Map revisions will
be accommodated as stated above, for a period of ninety (90) days from the date of the
adoption of this Ordinance.
9. Structure Height Requirements
A. Height Limitations. Except as provided in subs. B, no building, structure or sign shall exceed
35 feet in height, ‘height’ as determined in the ‘Structure Height’ definition. Accessory
structures in the Residential zoning district may not exceed 24 feet in height. Processing
structures for permitted nonmetallic mines may not exceed 75 feet in height.
B. Exemptions. The following are exempt from the height requirements of this Chapter.
1. Architectural projections such as; spires, belfries, domes, chimneys, church steeples and
cupolas provided that cupolas do not exceed 100 square feet in floor area and are not
higher than 10 feet above the adjacent roof ridge, and contain no living quarters.
2. Agricultural Structures such as; silos, barns, and grain storage structures are exempt
provided the setback requirements in Section 3, A of this Chapter is met.
3. Special Structures such as; grain elevators, observation towers in recreational area,
communication towers, electric transmission poles and towers, and smoke stacks. The
height of each such structures shall not exceed the distance of the structure from the
nearest lot line.
4. Public or semi-public facilities such as schools, churches, monuments, libraries and
government buildings may be granted a variance by the Board of Adjustments to a height
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

of 75 feet provided that all required setbacks are increased by not less than one foot for
each foot the structure exceeds 35 feet in height.
5. Industrial buildings may be granted a variance by the Board of Adjustments to a height of
75 feet provided the setback requirements in Section 3, A of this Chapter is met.

CHAPTER 9
SPECIFIC USES
1. Purpose.
The purpose of these requirements is to minimize potential negative impacts from certain specified
uses and to promote compatibility between those uses and surrounding uses.
2. Applicability.
In addition to complying with other regulations established in this ordinance, these requirements must
be met for each specific use as a condition of a zoning permit application approval.

3.

Accessory Dwellings.

Accessory Dwellings are permitted in the Commercial and Industrial zoning districts, in the ANR 20,
10 & 5 zoning districts, and in the Residential zoning district.
A. Standards. The following minimum standards shall apply to accessory dwellings in the
Commercial and Industrial zoning districts.
1. Accessory dwellings are only permitted in conjunction with an active and operating
business establishment.
2. Occupants of accessory dwellings shall be the owner of the business establishment or an
employee thereof.
3. There shall be no more than one accessory dwelling on a lot.
4. The accessory dwelling may be either attached or detached.
5. The setbacks and minimum lot size for an accessory dwelling shall be the required
setbacks and minimum lot sizes for structures in those zoning districts.
6. Accessory dwellings shall meet all other provisions and requirements of this Ordinance.
7. Accessory dwellings shall not be a mobile home.
8. Accessory dwellings shall require a zoning permit and shall be in compliance with the
Sanitary Ordinance of Buffalo County.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

B. Standards. The following minimum standards shall apply to accessory dwellings in the ANR
20, 10, & 5 zoning districts and the Residential zoning district.
1. The area of the accessory dwelling shall be no greater than one half the square footage of
the principal dwelling, or exceed 1,000 square feet in area.
2. Accessory dwellings shall not be rented or leased.
3. The owner of the lot/parcel shall occupy the principal dwelling on the property.
4. Accessory dwellings shall be located a minimum of 100 feet from adjacent neighboring
dwellings.
5. Accessory dwellings shall not be split off from the parcel of the principal dwelling.
6. The accessory dwelling shall be detached from the principal dwelling.
7. Accessory dwellings shall require a zoning permit and shall comply with the sanitary
ordinance of Buffalo County.

4.

Bed and Breakfast Establishments.

A Bed and Breakfast Establishment is a conditional use in all ANR zoning districts and in the
Residential zoning district.
A. Standards. The following minimum standards are applicable to bed and breakfast
establishments.
1. No premises shall be utilized for a bed and breakfast unless there are at least two (2) exits
to the outdoors from such premises.
2. The dwelling in which the bed and breakfast takes place shall be the principal dwelling of
the owner or operator and said owner or operator shall live on the premises when the bed
and breakfast is active as required under the Wisconsin Administrative Code.
3. The Conditional Use Permit shall not be transferable to another owner.
4. The maximum stay for any occupants of a bed and breakfast establishment shall be thirtyone (31) consecutive days.
5. All such facilities shall be required to obtain a licenses to serve liquor, if applicable.
6. There shall be no more than six (6) rooms available for rent to transient guests.
7. All lot size and other dimensional requirements for single-family dwellings shall be met.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

8.

No more than one (1) on premise sign shall be permitted and shall not exceed twelve (12)
square feet in area.

9. A bed and breakfast shall be located a minimum of one thousand (1,000) feet from any
livestock feedlot, one thousand (1,000) feet from any animal waste storage structure and
five hundred (500) feet from any structure used for permanent enclosure of livestock,
other than that of the bed and breakfast owner.
10. The owner or his agent shall apply for and be issued a zoning permit allowing the
operation of a bed and breakfast.
11. The bed and breakfast shall be serviced by a private on-site wastewater treatment system
that is in compliance with all requirements of the Buffalo County Sanitary Ordinance.
12. The number of vehicles allowed on site is limited to the number of bedrooms. On-street
parking is prohibited. No recreational vehicles or camping units may be used for living or
sleeping purposes in conjunction with a bed and breakfast.
13. The owner/occupant shall abide by all regulations and requirements of the Buffalo County
Health Department.
14. Each area and room designated or used for sleeping shall have at least one (1) means of
exit to the exterior, by door or egress window. If a room does not meet these
qualifications, a sign shall be posted notifying occupants that the room shall not be used
for sleeping due to lack of safe egress.
Basement areas designed or used for sleeping shall have at least two (2) exits to the
exterior, by door or egress window. If a basement does not meet these qualifications, a
sign shall be posted notifying occupants that the room shall not be used for sleeping due to
lack of safe egress.
15. Shall have functional smoke detectors, carbon monoxide detector, and fire extinguisher in
accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative
Code.
16. Shall have proof of insurance against claims of personal injury and property damage for a
bed and breakfast, commercial rental operation.
17. A bed and breakfast establishment that; generates excessive noise complaints, where
excessive response is required from law enforcement, has poor property care and
maintenance, is noncompliant with ATCP 73 or has other issues that may be deemed a
nuisance to neighboring properties, will have its zoning permit revoked.
18. One (1) or two (2) family dwellings (cottages, cabins, homes) built after June 1, 1980 are
required to meet the Uniform Dwelling Code standards. You may be required to provide
a Building Inspection Report to the Zoning Department as part of the application process.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

5.

Campgrounds.
A. Permitting Requirements. Campgrounds with twenty (20) campsites or less shall require the
issuance of a conditional use permit. Campgrounds with over twenty (20) campsites shall
require the issuance of a variance by the Board of Adjustment. In considering such petitions,
the Board shall evaluate the proposed campground location or expansion and shall consider
such evidence bearing upon the general purpose and intent of this Ordinance to promote the
public health, safety, and general welfare and the privacy and property values of neighboring
lands so far as it is consistent with the public interest.
B. Campground Requirements.
1. Campground Plan. All applicants for new campgrounds and expansions of existing
campgrounds shall submit a site plan to the Zoning Department. The site plan shall be
drawn to scale and include the following information:
a. All utilities such as, but not limited to, stormwater, sanitary, electrical, cable,
telephone and water.
b. Locations of all proposed buildings and other structures incidental to the campground
operation, such as, but not limited to, well houses, laundry facilities, shelters, sanitary
facilities, office and storage buildings.
c. Interior roadways, adjacent or abutting roads, access points, and parking areas within
the campground.
d. All campsite boundaries and the designated location of camping units.
e. All private roadways and/or right-of-ways including appropriate setbacks.
f. All natural features including any wetlands, navigable waters, drainage patterns and
floodplain boundaries.
g. Proposed types of landscape plantings and proposed recreation areas.
C. Campground Standards.
1. The minimum campground size in area is ten (10) acres.
2. The maximum number of campsites is ten (10) per acre.
3. The minimum area of a campsite is two thousand (2,000) square feet.
4. There shall be two (2) off-street parking spaces for each campsite.
5. All campsites shall maintain a minimum setback of fifty (50) feet from all property line
boundaries.
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Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018

6. All campsites shall be located on well drained soils or graded to prevent the accumulation
of stormwater.
7. Campsites shall not be located in the floodplain.
8. Exposed ground surfaces in parking areas shall be paved or covered with gravel or other
solid material to prevent soil erosion.
9. Access to campgrounds shall be designed to minimize congestion and hazards at entrances
and exits, all roads within the campground shall be graded and maintained to provide
drainage.
10. Campgrounds shall be screened by means of a vegetative buffer or fence along all
perimeter property lines. This requirement may be waived by the Board of Adjustment if
existing vegetation is deemed adequate.
11. Porches, lean-tos or additions shall not be constructed onto or immediately adjacent to a
camping unit. Canvas screen rooms or awnings shall be allowed.
12. Mobile homes and manufactured homes are not allowed in campgrounds.
13. A faucet supplying water which is under pressure and which is safe for human
consumption shall be located not more than four hundred (400) feet from any individual
campsite and not within fifty (50) feet of a sanitary station.
14. Campgrounds shall be kept free of camper generated litter, rubbish and other flammable
materials.
15. Each campsite shall have a designated location designed for outdoor cooking and or
campfires and fires shall not be allowed outside the designated area.
16. Campgrounds shall be served by an approved and adequately sized private on-site
wastewater treatment system.
17. Exterior faucet facilities shall be designed and constructed to capture and drain excess
water.
18. All refuse containers shall be fly and rodent proof, water tight and sufficient to serve the
needs of all campground users.
19. Campgrounds shall have a suitable building(s) for housing lavatories, showers, sinks, etc.
The building shall not be located closer than thirty (30) feet to any campsite and shall be
adequately lighted, screened and ventilated. Floors shall be constructed of concrete, tile
or similar impervious surface and drained by means of a floor drain.
20. All building, plumbing, electrical and other work at a campground authorized under this
Ordinance shall be in accordance with the provisions and regulations of the WI State
Codes.
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21. Every campground shall have an office or place of registration where a recording of all
campground users is maintained. The recording shall include the names, addresses, dates
of arrival and departure, license numbers of all vehicles and the States issuing such
licenses.
22. Campgrounds shall be maintained in an orderly and sanitary condition.
23. The maximum continuous stay in a campground is six (6) continuous months. After six
(6) months, the campground user and camping unit must vacate the campground for a
minimum of two (2) months. The intent of this provision is to ensure that campsites do
not become permanent residences.
24. All campsites shall be clearly numbered to aide in the locating of sites by emergency
response vehicles and technicians.
25. All campground structures shall require a zoning permit before construction.
26. Campgrounds shall comply with Wis. Stats. Chapter DNR 178 and shall comply with all
performance standards and licensing requirements of the Buffalo County Health
Department.

6.

Campground, Special Event.
A. A special event campground over one hundred fifty (150) campsites in size shall require a
conditional use permit.
B. The permit application shall contain all required information as defined in ATCP 79.26.
C. All campsites within the special event campground shall remain a minimum of one hundred
(100) feet from all property lines.
D. All campsites shall have a minimum of eight hundred (800) square feet in area.
E. Portable toilets shall be supplied at a minimum of one toilet for every fifty (50) campground
users.

7.

Captive Wildlife Operations.
A. Standards.
1. All new captive wildlife operations, or expansion of existing operations, shall require the
issuance of a conditional use permit that shall expire and require renewal every five (5)
years.

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2. Confinement areas shall be located a minimum of fifty (50) feet from all property lines
and a minimum of two hundred fifty (250) feet from a dwelling or a residential district.
3. Operations shall abide by all requirements of Wis. Stats. Chapter 169 and NR15
pertaining to captive wildlife.
4. Captive wildlife shall be held under sanitary conditions, receive humane treatment, and
receive adequate care, housing and food.
5. Applicants shall obtain from the DNR a Captive Wild Animal Farm License and abide by
DNR wildlife pen specifications.
6. Operations shall abide by Chapter ATCP 10 and Wis. Stats. Chapter 95, Animal Health.
7. Captive cervid operations shall obtain licensure from DATCP.
8. Captive cervid operations shall obtain a Deer Farm Fence Certificate from the DNR.
9. Captive cervid operations shall maintain two (2) perimeter containment fences with a
minimum height of eight (8) feet and with a minimum separation distance of eight (8)
feet.
10. Owners of captive cervid operations shall be registered by DATCP as a Farm Raised Deer
Keeper.

8.

Commercial Outdoor Entertainment/Recreation.
A. Standards. The following minimum standards are applicable to commercial outdoor
entertainment/recreation facilities.
1. All outdoor entertainment areas, including all structures such as buildings and fencing,
different activity areas, sanitary and waste disposal facilities, means of access, and
screening shall be clearly indicated on a site plan included with the application for a
conditional use permit.
2. No outdoor entertainment area shall be open later than 10:00 p.m. unless modified as part
of a conditional use petition.
3. If alcoholic beverages will be served in the outdoor entertainment area, proof that an
applicable liquor license covering that area must be submitted to the Zoning Administrator
prior to the issuance of a zoning permit.
4. Provisions for safe, ample parking shall be specified in the conditional use permit
application. The location of the outdoor entertainment area shall not reduce the number of
parking spaces below the minimum number of spaces required by this Ordinance, for all
principal and accessory uses combined.
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5. Race track facilities shall be located a minimum of two thousand (2,000) feet from any
residential zoning district and five hundred (500) feet from any dwelling.
6. All outdoor entertainment areas shall be physically separated from vehicle circulation
areas by a fence, raised curb, planters, or other barrier.
7. Amplification devices may be placed within or directed toward the outdoor entertainment
area for the purposes of playing music or spoken words, subject to the following
standards:
a. No amplified music may be played between the hours of 10:00 p.m. and 10:00 a.m.
b. Amplification devices and live music staging areas shall be located within fifty (50)
feet of the principal structure and shall be a minimum of fifty (50) feet from any
property lines.
c. Except for occasional events not occurring more than three times in any calendar year,
sound from amplified music shall not exceed sixty-five (65) dBA at any property line.
8. Through its review of individual conditional use permits, the Board of Adjustment may
place temporal limits on the use, time of day, hours of operation, number of occurrences
per year.
9. No building, structure, or parking lot of an unenclosed entertainment/recreation facility
shall be located within fifty (50) feet of any side or rear property line, unless the Board of
Adjustment determines that a smaller buffer is acceptable.
10. Unenclosed facilities shall be effectively screened from public roads and neighboring
residential uses.
11. Outdoor lighting shall not project onto neighboring properties or public roads.
12. Location and design of entrance drives shall be such as to minimize traffic hazard and
nuisance factors. Access drives shall be adequate to accommodate vehicles queued for
admission without traffic backup into the road right-of-way.
13. Retail sales that are clearly secondary to the principal use are permissible.
14. The facility or event shall be designed for and limited to one thousand (1,000) persons or
less at any given time.
15. Sanitary facilities, sewage disposal and water supply shall be adequate and in compliance
with applicable State and Buffalo County Health Department regulations.
16. Specific types of activities, capacity for participants and spectators and hours of operation
shall be considered by the Board of Adjustment in determining the compatibility of the
facility with the surrounding land uses.
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9.

Concrete or Asphalt Plant, Permanent.
A. Permitting. A permanent concrete or asphalt plant shall only be permitted as a conditional use
in an Industrial Zoning District and shall meet the requirements for a temporary concrete or
asphalt plant.
B. Location. A permanent concrete or asphalt plant shall be located a minimum distance of five
hundred (500) feet from all existing dwellings.

10.

Concrete or Asphalt Plant, Temporary.
A. Application. Temporary concrete or asphalt plants are permitted for up to one hundred twenty
(120) days provided the following information is submitted with the application:
1. A site plan drawn to scale, showing parcel boundaries, building/structure dimensions, and
access roads.
2. Plans for stormwater management and erosion control.
B. Criteria. Temporary concrete or asphalt plants shall be subject to the following criteria:
1. Comply with all Federal and State air quality standards. (Air permit documentation shall
be made available to the Zoning Department upon request).
2. Conditions may be set with respect to hours of operation and ingress/egress to the
premises.
3. Temporary concrete or asphalt batch plants shall be removed from the premises within
thirty (30) days of permit expiration.
C. Extension. A permit for a temporary concrete or asphalt may be extended one time for an
additional thirty (30) days at the discretion of the Zoning Administrator.

11.

Domestic Fowl in the Residential District
D. Standards.
1. There shall be not more than twelve (12) chickens per lot.
2. The keeping of roosters is prohibited.
3. Chickens shall be provided with a covered enclosure and must be kept in the covered
enclosure or a fenced enclosure at all times.
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4. The chicken closure shall be subject to setback standards normally applicable to principal
structures or dwellings.
5. Covered and fenced enclosures must be kept in a clean and odor-free manner that will not
disturb the use or enjoyment of adjacent lots.
6. Covered and fenced enclosures shall be located within the rear or side yard.
7. Covered and fenced enclosures shall not be located closer than seventy-five (75) feet to
the ordinary highwater mark of any lake, stream or river.

12.

Farm Animals on Small Parcels.
A. Applicability. The following standards shall apply when:
1. Any owner of land zoned R-Residential wishes to keep and maintain farm animals.
2. Any owner of fewer than ten (10) contiguous acres within any ANR zoning district wishes
to keep and maintain farm animals.
B. Performance Standards. This use classification and the associated standards shall apply
regardless of whether the use functions as an accessory use or a principal use. The intent of
the performance standards in this subsection is to allow for hobby or recreational farming in
appropriate zoning districts, avoid nuisances, prevent excessive undesirable odor, and prevent
other potential negative impacts on neighboring properties; protect human and animal health;
satisfy the spatial need of farm animals; and protect water quality and the environment.
Where permitted, such uses shall be subject to the following performance standards:
1. The raising or keeping of farm animals shall be permitted at a density not to exceed two
(2) animal units per every one (1) acre owned, not considering fractional amounts of
acreage. Parcels under one (1) acre may not raise or keep any farm animals aside from the
limited keeping of chickens as a residential accessory use (see separate standards).
2. Structures on small parcels used to house or feed farm animals shall maintain a minimum
setback of fifty (50) feet from all property lines or one hundred (100) feet from dwellings
on adjoining lots, whichever is greater.
3. A thirty-five (35) foot wide vegetative buffer strip shall be maintained between a
navigable waterway or wetland and any area used for the keeping, feeding, or pasturing of
farm animals on small parcels.
Equine animals and bison shall have an animal unit factor of one point zero (1.0). All other farm
animals shall be quantified by animal unit factors as specified by WI DATCP.

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13.

Fur Farms.
A. Application. Applicants shall submit the following information with the application:
1. A site plan drawn to scale, showing parcel boundaries, building/structure dimensions,
fences, and any other enclosures.
2. A detailed animal handling plan.
B. Location. Structures and confinement areas shall maintain a minimum setback of one
thousand (1,000) feet from a residential district or residential lot and shall be located a
minimum of five hundred (500) feet from all other property lines.
C. Screening. Fencing or screening of the facility may be required at the discretion of the
Zoning Administrator or Buffalo County Board of Adjustment.
D. Regulations. It shall be the responsibility of the fur farm owner to comply with all local,
State, and Federal regulations, registration and licensing requirements including the
following:
1. Pursuant to s. 97.44(2), Wisconsin Statute, operators of fur farms shall register their
names and business locations with WI DATCP if they engage in slaughtering animals or
in buying dead animals or parts of the carcasses of such animals for feed.
2. Pursuant to s. 95.72(7)(c), Wis. Statute, no fur farmer may operate any vehicle for the
transportation of dead animals unless the person is issued a vehicle permit by WI DATCP.
The permit holder shall keep the permit with the vehicle for which it was issued.

14.

Home Business.

A business accessory to a principal permitted single family dwelling.
A. Standards. The following minimum standards are applicable to home businesses.
1. If located within a dwelling unit, the home business shall occupy no more than fifty
percent (50%) of the floor area of the dwelling unit. If located in an accessory building
the home business shall not occupy an area greater than one thousand, five hundred
(1,500) square feet.
2. The home business shall be conducted by a resident of the dwelling unit.
3. A home business shall not employ more than two (2) full-time persons who are not
residents of the dwelling.
4. Off-street parking shall be provided in accordance with the requirements in Chapter 12,
parking, loading, and access requirements.
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5. Such use shall not create a nuisance due to noise, dust, odors, vibration, hours of
operation, traffic generation or otherwise be incompatible with surrounding land uses.
6. No more than two (2) home business shall be permitted on a lot.
7. A lavatory shall be provided for employees and clients of the home business.
8. No more than one (1) sign shall be displayed which shall not exceed twelve (12) square
feet in area and shall be located on the dwelling structure. The sign shall not be
illuminated.
9. Only finished consumer goods, or services offered, that have been produced for a home
business and products accessory to such goods may be offered for sale.
10. There shall be no outdoor storage of any articles offered for sale or produced on the
premises in conjunction with the home business. Outdoor storage of materials or
machinery used in conjunction with the home business shall not be permitted.

15.

Home Occupations.

Home occupations shall be allowed as a permitted use in the Residential zoning district and all
Agriculture-Natural Resource zoning districts.
A. Standards. The following minimum standards are applicable to home occupations.
1. The use of a principal permitted single family dwelling for a home occupation shall be
clearly secondary to the residential use of the dwelling unit and shall not change the
residential character of the dwelling.
2. Home occupations shall be conducted only inside a single-family dwelling unit, including
any attached garage, and shall not occupy more than twenty-five percent (25%) of the
floor area of the dwelling. Home occupations shall not be conducted in an accessory
building.
3. The home occupation shall be conducted by the owner of the dwelling or a family
member.
4. A home occupation shall not employ more than one (1) full-time person that is not a
resident of the dwelling unit.
5. Sales and retail activity is limited to the sale of products produced by the home
occupation.
6. Such use shall not create a nuisance due to noise, dust, odors, vibration, hours of
operation, traffic generation or otherwise be incompatible with surrounding land uses.
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7. There shall be no outdoor storage or display of any articles produced in conjunction with
the home occupation. Outdoor storage of materials or machinery use in conjunction with
the home occupation shall not be permitted.
8. No more than one (1) sign shall be displayed which shall not exceed nine (9) square feet
in area and shall be located on the dwelling structure. The sign shall not be illuminated.

16.

Home or Farm Based Business.
A. Standards. The following minimum standards are applicable to home or farm based
businesses:
1. The use/business shall be conducted entirely within the dwelling/residence or an accessory
structure not to exceed four thousand (4,000) square feet in floor area.
2. If located within a dwelling the business shall occupy no more than fifty percent (50%) of
the dwelling units total floor area.
3. The farm/home based business shall be conducted by the owner of the dwelling unit, or an
immediate family member.
4. No more than the equivalent of four (4) full-time employees, not residing on the premises,
may be employed in the business.
5. Products are allowed to be sold on site, provided the retail activity is incidental to the
agricultural use of the property.
6. There shall be no outside storage or display of materials, equipment, or products
associated with the business except for those products that are cultivated or grown on the
property.
7. Such use shall not create a nuisance due to noise, dust, odors, vibration, hours of
operation, traffic generation or otherwise be incompatible with surrounding land uses.
8. No more than one (1) on-premise advertising sign shall be allowed. The sign shall not
exceed twenty-four (24) square feet in area and shall not be illuminated.
9. Minimum lot size shall be five (5) acres.
10. Such other conditions as specified by the Board of Adjustment shall apply.

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17.

Inoperable Motor Vehicles.
A. Standards.
1. It shall be unlawful for any person or property owner in an ANR zoning district to keep or
maintain upon or to allow any person to keep or maintain upon real property under his/her
control more than three (3) inoperable motor vehicles at any one time.
2. It shall be unlawful for any person or property owner in the Residential zoning district to
keep or maintain upon or to allow any person to keep or maintain upon real property
under his/her control more than one (1) inoperable motor vehicle at any one time.
3. Having been notified by the County of the necessity of the removal of any inoperable
motor vehicle from private property, no person shall physically relocate or dispose of or
destroy the same in violation of state or federal regulations or county ordinances.
4. Inoperable vehicles being stored under this exemption shall be properly screened from
public view. Storage of such vehicles shall not constitute a health or safety hazard.
Screening shall consist of privacy fencing, shrubs, trees, buildings or other suitable means.
A variance application approved by the Board of Adjustment may allow a person to store
more than three (3) inoperable vehicles on a parcel. Enforcement measures for
compliance and removal are subject to and contingent upon the written approval and
support of the applicable Town Board.
5. This section shall not apply to any inoperable motor vehicle stored within an enclosed
building, or stored on the premises of a business enterprise operated in a lawful place and
manner when necessary to the operation of such business enterprise, in a storage place or
manner when necessary to the operation of such business enterprise, in a storage place or
depository maintained in a lawful place and manner, or to seasonal use vehicles, such as
campers, etc. Such business enterprises shall include auto salvage operations, auto sales,
repair, and auto body shops but shall not include automobile service stations or tire,
battery and accessory sales stores.
6. This section shall not apply to the storage upon property of vintage or historic motor
vehicles over twenty (20) years of age which are licensed pursuant to State requirements.
Such open storage shall, nonetheless, be subject to the following limitations:
a. Each such motor shall be stored in such a manner as to prevent oil, grease, battery
acid, gasoline or other fuel or contaminants from leaking into or upon the soil. The
existence of such contamination shall cause the motor vehicles in question to be
classified as junk and subject the owner of the property on which they are found to
prosecution hereunder.
b. Each such motor vehicle shall be stored at a location on the collector’s lot or parcel
which is not visible beyond the lot line thereof. The failure of the owner of the lot or
parcel on which such motor vehicles are found to abide by this requirement, even if
such owner is not the owner of the motor vehicles in question, shall subject said owner
to the requirement that screening be erected in a manner approved of by the Zoning
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Administrator. Should an order for screening be disregarded, the inoperable motor
vehicles shall lose their exempt status under this section and their continued storage
upon the lot or parcel in question shall be in violation of this section.
c. In the event that two (2) or more such motor vehicles are stored on a given lot or
parcel, they shall be parked or stored in a row or rows in an orderly fashion.
7. An inoperable motor vehicle is under the control of a person if that person is:
a. The motor vehicle owner, or
b. Is in custody or possession of the vehicle, or
c. Is the owner of the real property upon which the inoperable vehicle is located.
8. Equipment which is utilized solely and specifically for agricultural purposes is exempt
from the requirements of this section.

18.

Kennels.
A. Standards. The following minimum standards are applicable to kennels:
1. Kennels are prohibited in Residential Zoning Districts.
2. With the application for a Conditional Use Permit for such a use, the applicant shall
submit to the Zoning Administrator a site plan that shows the location of all structures,
fences, or other enclosures where animals will be kept.
3. Kennels that require a license under s. 173.41, Stats shall comply with all Chapter ATCP
16 regulations.
4. The number of dogs or cats, or both, over six (6) months of age that are kept on the
property may be limited by conditions placed on a Conditional Use Permit.
5. If applicable, all dogs housed on the premises must be licensed with the local government
jurisdiction.
6. All dogs shall be housed in an enclosed structure during the hours from 9:00 p.m. to 6:00
a.m.
7. Minimum property line setbacks for all structures associated with kennels including
fenced areas and runways shall be located:
a. Five hundred (500) feet from any neighboring dwelling.
b. Fifty (50) feet from any parcel that does not have a dwelling.
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8. Kennel structures shall be located at least fifty (50) feet from any potable water supply
well.
9. Use area shall be enclosed by a fence or other suitable enclosure to prevent animals from
leaving the site.
10. Management of animal waste must be such that odors are not perceptible at lot lines.
11. On-site waste facilities, POWTS, shall be designated to accommodate waste generated
from kennel cleaning. All solid waste shall be handled so that it ends up in a sanitary
landfill.
12. Kennel facilities shall be designed to accommodate boarding during any season and shall
comply with ss. ATCP 16.22 and 16.24.
13. General dog care standards shall comply with s. ATCP 16.20.
14. Dogs shall have daily access to an indoor and outdoor run or exercise area where they can
achieve a running stride.
15. Kennel structures including outside pens and runs shall be screened by landscaping or
other suitable means when visible from a neighboring dwelling.
16. Kennels in operation and existing as of the effective date of this ordinance are exempt
from the setback requirements under item 7 above.
17. These standards are considered minimum requirements. Additional requirements may be
established on a case-by case basis at the discretion of the Buffalo County Zoning
Department and the Buffalo County Board of Adjustment.
18. Non-compliance with any of the above performance standards or Wis. Stats. Ch. 951
regarding animal cruelty may result in revocation of a Conditional Use Permit or other
enforcement actions as allowed under this Ordinance.

19.

Livestock Structure Siting.

The following structure setback provisions apply to all livestock confinement structures and animal
waste storage structures in all ANR zoning districts. In addition to the minimum setback
requirements established below, all animal confinement and waste storage structures shall comply
with all requirements of the following; Buffalo County Shoreland, Floodplain, and Wetland
Ordinances, the Buffalo County Manure Storage Ordinance and the State well code (NR 811 and
812).

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A. Confinement Structure Setbacks.
1. Confinement structures that will house or hold less than one thousand (1000) animal units
shall be setback a minimum of one hundred (100) feet from all property lines and public
road right-of-ways.
2. Confinement structures that will house or hold one thousand (1000) animal units or more
shall be setback a minimum of two hundred (200) feet from all property lines and a
minimum of one hundred fifty (150) feet from public road right-of-ways.
B. Waste Storage Structure Setbacks.
1. All animal waste storage structures shall be set back a minimum of three hundred fifty
(350) feet of a property line and public road right-of-ways.
2. An applicant may add one (1) new storage structure within three hundred fifty (350) feet
of a property line or public road right-of-way if the new structure is:
a. No closer to a property line or road right-of-way than an existing “grandfathered”
storage structure,
b. The new structure is no larger than the existing structure, and is
c. Constructed no more than fifty (50) feet from the existing structure.
C. Nutrient Management.
1. All new or expanding livestock confinement structures exceeding 25 animal units shall
require the development of a Nutrient Management Plan (NMP) that adheres to the NRCS
590 Nutrient Management Standard and complies with ATCP 50.04(3). The NMP shall
be submitted to the County Conservationist for review and approval prior to a zoning
permit being issued allowing waste storage structure development. Annual updates to the
NMP shall be submitted to the County Conservationist no later than March 15th of each
year thereafter. Unless otherwise provided by law, participating land owners shall be
offered cost-sharing.

20.

Manufactured Homes.
A. Definition. A structure that is designed to be used with or without a permanent foundation and
that is certified by the Federal Department of Housing and Urban Development as complying
with the standards established under 42 USC 5401 to 5425.
B. Siting. All manufactured homes located outside of a permitted manufactured home
community shall be set on a completely enclosed foundation of poured concrete or concrete
block, not less than 8 inches wide, with footings extending below the frost line, a minimum of
48 inches from the ground level, and in accordance with subchapters, III, IV and V of Ch.
ILHR 2, WI Admin. Code; and any amendments thereto.
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C. Standards. The following minimum standards shall apply to manufactured homes.
1. One manufactured home is permitted per lot and shall comply with all setback, area, and
other requirements of the zoning district in which it is located.
2. A Zoning Permit is required for the siting/replacement of a manufactured home.
3. The siting of a manufactured home shall require a Sanitary Permit and connection to a
compliant sanitary system.

21.

Manufactured / Mobile Home Communities.
A. Manufactured Home Community Plan. All newly created Manufactured Home Communities
and expansions of existing communities shall submit a site plan to the Zoning Department
for approval. The site plan shall be drawn to scale and include the following information:
1. All utilities such as, but not limited to, stormwater, sanitary, electrical, cable, telephone
and water.
2. Locations of all proposed utility buildings and other structures incidental to the
community operation such as, but not limited to, well houses, laundry facilities,
community shelters, sanitary facilities, and storage buildings.
3. Interior roadways, adjacent or abutting roads, access points, and parking areas within the
community.
4. All manufactured home site boundaries and the foundation footprint for each
manufactured home.
5. All private roadways and/or highway right-of-ways including appropriate setbacks.
6. All natural features including any wetlands, navigable waters, drainage patterns and
floodplain boundaries.
7. Proposed types of landscaping plantings and proposed recreation area.
8. A separate landscaping plan showing two (2) foot contours of the final landscape
elevations may also be required at the Zoning Administrators discretion.
B. Permit Standards. All newly created manufactured home communities and expansions of
existing communities after adoption of this ordinance must meet the following permit
requirements and standards:
1. The minimum community size shall be three (3) acres.
2. Minimum lot dimensions for a manufactured home site shall be five thousand (5,000)
square feet.
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3. Interior roads shall have a minimum right-of-way of at least forty (40) feet.
4. Interior roads and parking areas shall be surfaced with a dust free material and meet all
Town standards for road construction.
5. There shall be at least two (2) parking spaces for each manufactured home site.
6. There shall be no more than two (2) entrances from, or exits to, a public road or highway
from any one such community.
7. Manufactured home communities shall conform to the regulations of the Department of
Safety and Professional Services and this Ordinance, whichever is more restrictive.
8. Each manufactured home community shall provide one (1) acre of open recreational
area for every ten (10) manufactured home sites. The recreation area shall be located
to provide easy access for all residents. Additionally, the area shall be well drained to
provide a clean and safe play area for children.
9. All manufactured homes including any: additions, attachments, annexes, foundations
and appurtenances, shall have a minimum setback of ten (10) feet to the site’s lot line.
10. All accessory structures shall have a setback of five (5) feet to the site’s lot line.
11. The minimum distance between manufactured home units and all other exterior
community lot lines shall be forty (40) feet.
12. No sales office or other business or commercial use shall be located within a
manufactured home community. Laundries, washrooms, recreation rooms,
maintenance equipment storage and one (1) management office are permitted.
13. No manufactured home site shall be rented for a period of less than thirty (30) days.
14. One accessory structure shall be allowed for each manufactured home site and shall
not exceed one hundred fifty (150) square feet in floor area. Accessory structures
allowed under this provision shall be located a minimum of ten (10) feet from the
manufactured home on the same manufactured home site.
15. All manufactured homes shall meet the construction standards of the United States
Department of Housing and Urban Development Manufactured Housing Code.
16. Each manufactured home community shall be predominantly screened around the
perimeter except for permitted entrances and exits by:
a. A temporary planting of fast growing vegetation.
b. A permanent evergreen planting. Such permanent plantings shall be grown or
maintained to a height of not less than fifteen (15) feet.
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c. The requirement may be waived by the Zoning Administrator or Board of Adjustment
members if existing woody vegetation is such that the screening objective is or will be
achieved.
17. A Zoning Permit shall be required to move a manufactured home onto a manufactured
home site or interchange a manufactured home for another manufactured home on a
manufactured home site in a manufactured home community that has been approved
in accord with all applicable provisions of this ordinance. The number of
manufactured homes in an approved manufactured home community shall not exceed
the number of manufactured home sites illustrated on site plans approved as part of
the approval of the manufactured home community or the approval of an expansion of
the manufactured home community.
18. All manufactured home sites shall access only to an interior street.
19. The number of manufactured homes in a non-conforming manufactured home community
shall not exceed the number of sites existing on the effective date of this ordinance, unless
expansion has been authorized through a Conditional Use Permit.
20. Copies of all licenses required by s. 101.935(1) Wis. Stats. shall be obtained and presented
to the Zoning Department for review.
C. Recommended Conditions of Approval. Additional requirements may be established at the
discretion of the Buffalo County Zoning Department and the Buffalo County Board of
Adjustment.
1. Each manufactured home site shall apply for a uniform address number.
2. All interior community roads shall be named private drives. Private drive road names
must be approved by the Buffalo County Sheriff’s Department.
a. It shall be the responsibility of the manufactured home community owner to purchase
and install all private drive street signs.
3. A soil and site evaluation completed in accordance with Wis. Admin Code Chapter SPS
385 shall be submitted to the Zoning Department.
a. A soil and site evaluation shall also delineate a suitable replacement soil treatment
area in the event that the original soil treatment area fails.
b. A soil and site evaluation report may be waived by the Zoning Administrator if an
alternative waste disposal system has been approved.
D. Inspections. All manufactured home communities permitted by this ordinance shall be subject
to an annual inspection by the Zoning Department to ensure the requirements and standards of
this Ordinance are met.
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22.

Mini Warehouse Storage Facility.
A. Application. Mini-warehouse storage facilities shall submit the following application
information.
1. A site plan drawn to scale showing the following:
a. Parcel boundaries
b. Building/structure locations and sq. footage.
c. Access road with ingress/egress location.
d. Any screening, landscaping, or fencing.
e. Location of waste disposal facilities.
f. Parking locations.
2. Plans for stormwater management and snow removal.
B. Standards. The following minimum standards are applicable to mini-warehouse storage
facilities:
1. Mini-warehouse storage facilities shall not be used as workshops or for retail purposes.
2. All goods and wares shall be stored within an enclosed building. Outside storage is
prohibited.
3. Access to the compound area shall be provided through an access not less than thirty (30)
feet in width. All interior drives shall not be less than twenty-four (24) feet in width and
shall provide access throughout the facility by continuous forward motion.
4. Public access shall be restricted to a single ingress/egress location along a public highway.
Access shall be located and designed to minimize traffic hazards.
5. Adequate lighting shall be provided within a mini-warehouse site so as to fully illuminate
all areas within the development. Such lighting shall be appropriately hooded, shielded,
or otherwise installed to prevent obnoxious or dangerous glare beyond the boundaries of
the property.
6. Screening with landscaping may be required along any property lines that are not zoned
commercial or as deemed necessary by the Zoning Administrator or Buffalo County
Board of Adjustment.
7. Storage of flammable liquids, gases or other flammable materials, including, but not
limited to: paint, motor oil and gasoline; all explosives, including, but not limited to,
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dynamite, ammunition and fireworks; and noxious chemicals, including, but not limited
to, common garden and insect sprays is prohibited.
8. Customer parking shall be provided on a basis of one (1) parking space for every fifty (50)
individual storage units.

23.

Mobile Homes.
A. Siting. The siting/new establishment of mobile homes, outside of permitted mobile home
parks that existed at the time of the establishment of this Ordinance, is prohibited.
1. Mobile homes located in mobile home parks may be utilized and replaced indefinitely.
2. Mobile homes, located outside of mobile home parks at the time of the establishment of
this Ordinance, may continue to be utilized indefinitely and may only be replaced up until
June 1, 2021 after which date the replacement of an existing mobile home with another
mobile home is prohibited.
B. Standards. The following minimum standards shall apply to mobile homes:
1. One (1) mobile home is permitted per lot and shall comply with all setback, area, and
other requirements of the zoning district in which it is located.
2. A zoning permit is required for the siting/replacement of a mobile home.
3. The replacement of a mobile home shall require a Reconnect Sanitary Permit and
verification of a compliant sanitary system.
4. A replaced mobile home shall be removed from the lot within 60 days of the siting of the
replacement mobile home. The replaced mobile home shall be recycled, demolished and
landfilled or moved out of Buffalo County.
C. Definition. Mobile Home: A vehicle manufactured or assembled before June 15, 1976 which
is designed to be towed as a single unit or in sections by a motor vehicle to be used as a
dwelling, the construction of which includes the structure, its utilities and all other equipment
carrying a manufacturer’s warranty. Mobile home also means any unit which lacks a title,
serial number, manufacturer or other information which would clearly identify when it was
constructed. All such units shall be presumed to be manufactured prior to June 15, 1976
unless proven otherwise.

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24.

Poultry Barns

Poultry Barns
To minimize nitrogen pollution and the potential negative impact to groundwater resources, Buffalo
County requires that poultry confinement barn floors be constructed of either concrete, asphalt or
cohesive soils.
A. Litter Stacking Pads.
Each poultry barn or association of adjacent barns shall have a manure stacking pad constructed of
concrete or asphalt. Stacking pads shall be sufficient in size to contain all temporary litter storage.
Stacking pads shall be sloped to drain leachate and rainfall from the stacking area. A fifty (50) foot
vegetative buffer shall be maintained to treat and infiltrate leachate with the buffer extending twenty
feet from the side and fifty (50) feet downslope of the stacking pad.
Stacking pads with a permanent engineered roof are not required to have sloped pads and are not
required to maintain a vegetative buffer. Tarps, plastic coverings or other temporary measures are
not considered a permanent roof.
B. Required Soils Investigation.
1. Soil profile, depth to groundwater, and/or the depth to seasonally saturated soils at the
proposed building site shall be evaluated and determined by a certified soil tester.
2. A minimum of two soil profiles shall be completed within the footprint of the proposed
confinement structure. Test pits shall be to a depth of at least five feet below the elevation of
the finished barn floor. Pits shall be located so as to represent the varying soil types or
conditions within the barn footprint.
3. The final elevation of poultry barn floors shall be a minimum of three (3) feet above the
seasonal high water table or bedrock.
4. Soil investigation results shall be submitted to the Zoning Department for review, in addition to
all required County permit applications and State permits.
C. Development Plan.
New poultry barns shall require a development plan. The development plan shall include a
comprehensive written description and detailed site plan showing all measures to be installed for
erosion control and stormwater management. A Zoning Permit allowing poultry barn development
will not be issued by the Department prior to the development plan being received. The development
plan shall include all of the following:
1. Grading plan showing grading limits.
2. Property boundaries.
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3. Existing and proposed new structures.
4. Soil types.
5. All water features including wetlands and wetland indicator soils.
6. A sediment and erosion control plan which includes the locations of all Best Management
Practices (BMP’s).
7. A storm water management plan that includes all post construction waterways, drainage
patterns and features such as sediment basins, etc.
8. Existing and proposed wells and sanitary system locations.
9. A copy of the Wisconsin Pollutant Discharge Elimination System (WPDES) stormwater
discharge permit required by WI DNR for construction projects where one or more acres of
land are disturbed.
D. Concrete and Asphalt Floors.
1. Concrete floors shall be a minimum thickness of 3.5 inches.
2. Asphalt floors shall be a minimum thickness of 2.0 inches.
3. Cracks and joints which may extend through the floor shall be sealed.
E. Cohesive Soils Floors.
The earthen floor of all new poultry barns shall be constructed as follows:
1. The floor shall be constructed of a minimum of twelve (12) inches of compacted cohesive
soils.
2. Soils shall have a plasticity index of greater than 7% as indicated by soil type in the
NRCS National Cooperative Soil Survey, Plasticity Index, Buffalo County.
3. Soils shall be placed in a minimum of two lifts, each lift being a minimum of four (4) inches in
thickness once fully compacted.
4. Each soil lift shall be compacted and joined together through compaction with a minimum of
three passes of a sheepsfoot or padfoot type roller with feet that extend through the uppermost
lift to the one below it, thus eliminating lift interfaces. Track type and rubber tire equipment
are not permitted for floor compaction. Compaction equipment will typically “walk out” once
sufficient compaction effort has been completed.
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5. The goal in cohesive soil floor construction is to eliminate voids and lift interfaces, to
minimize hydraulic conductivity and soil compressibility, and to eliminate features such as
clods and desiccation cracks. Remolding the soil and eliminating clods may require
increasing equipment weight.
6. Topsoil and any barnyard residue shall be removed from the poultry barn site prior to floor
construction.
7. During construction on hot dry days protection from desiccation and cracking of the in-place
floor may require wetting of the floor and/or reworking the previous lift prior to placement of
the next lift.
8. The applicant or agent shall notify the Zoning Department a minimum of 3 days prior to
commencement of construction, and within 3 days of completion of construction.
F. Post Construction Cohesive Soil Floors.
1. Floors must not be saturated at any time during their service life.
2. To prevent desiccation, and to preclude the opportunity for vegetation to become established
and for root systems to penetrate and compromise the integrity of cohesive soil floors, the
floor in its entirety shall be covered with an impermeable membrane immediately upon
completion and shall be maintained until a finished roof is constructed.

25.

Primitive Hunting Cabins

An owner of a primitive hunting cabin wanting to alter or rebuild such a cabin, and meet the
following requirements, shall not require a UDC building permit.
A. Requirements.
1. The structure is not to be used as a home or residence.
2. The structure is used principally for recreational hunting activity.
3. The structure does not exceed 2 stories in height.
4. The structure was constructed before December 31, 1997.
Should the structure come to be utilized as a dwelling/residence it shall require UDC permitting at
that time and shall be treated as a change of use to a dwelling for zoning permit purposes.

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26.

Private Interment/Burials.
A. Standards.
1. A private burial plot shall be established for the interment of family members and
descendants and for no other purpose.
2. A private burial plot shall require a Zoning Permit.
3. A private burial plot shall require a survey with a metes and bounds description.
4. Private burial plots are allowed only in the ANR zoning districts.
5. Minimum lot size for private interment is ten (10) acres.
6. A private burial plot may not exceed ten thousand (10,000) square feet in area.
7. A private burial plot shall maintain a minimum setback of fifty (50) feet from all property
lines and two hundred (200) feet from the centerline of any public road or highway.
8. A private burial plot shall maintain a minimum setback of seventy-five (75) feet from any
navigable water of the State, shall not be located in a floodplain or within a scenic
easement.
9. All private interments shall be recorded with Buffalo County within thirty (30) days of
burial and provide a global positioning coordinate of the exact burial location.

27.

Recreational Dwellings.

Recreational dwellings are a permitted use in all Agriculture/Natural Resource zoning districts.
A. Standards. The following minimum standards are applicable to recreational dwellings.
1. One (1) recreational dwelling is permitted per lot. One (1) additional recreational
dwelling may be permitted on the same lot provided a Conditional Use Permit is granted
by the Board of Adjustment.
2. Recreational dwellings must comply with all setback, height, and other regulations and
requirements of the zoning district in which they are located.
3. Recreational dwellings may not be occupied for more than three (3) months out of the
calendar year. Recreational dwellings occupied more than three (3) months out of a
calendar year will be considered a single family dwelling and shall comply with the
dwelling density regulations and limitations of this Ordinance.
4. A Zoning Permit is required for the construction or placement of a recreational dwelling.
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5. A uniform address number is required for all recreational dwellings.
6. A recreational dwelling shall be served, at minimum, by a non-plumbing waste treatment
system such as: pit privy, composting toilet, portable lavatory, etc. which meets the
requirements of the Buffalo County Sanitary Ordinance.
7. Recreational dwellings served by a well and a private onsite wastewater treatment system
are considered single family dwellings and are subject to the density regulations of this
ordinance.

28.

Recreational Vehicles.

The following minimum standards are applicable to recreational vehicles and camping units.
A. Standards. The following minimum standards are applicable to recreational vehicles and
camping units located outside of an approved campground:
1. A recreational vehicle or camping unit shall not be used as a permanent dwelling or as an
accessory dwelling.
2. Recreational vehicles/camping units may be temporarily or intermittently located on a lot
for recreational purposes. For purposes of this section "temporarily" shall mean no more
than six (6) months in any calendar year. If placed for more than thirty (30) days in a
calendar year the vehicle shall require a Zoning Permit and shall be served by a nonplumbing waste treatment system in compliance with the Buffalo County Sanitary
Ordinance.
3. There shall be no more than one (1) recreational vehicle per lot.
4. No accessory structures or additions may be attached to the recreational vehicle or
camping unit.
5. Occupancy of a recreational vehicle or camping unit by a person having no other
permanent residence at the time the unit is so occupied is prohibited.
6. Recreational vehicles shall comply with all setback requirements for the zoning district in
which they are located.
7. Recreational vehicles are to remain mobile meaning the unit is not dismantled or has
wheels removed in any way to render the vehicle immobile.
8. A Zoning Permit issued by the Zoning Department must be displayed on the recreational
vehicle.
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9. Use of a recreational vehicle or camping unit on a lot where construction of a permitted
dwelling is in progress is allowed, not to exceed a one (1) year duration.
10. In the Residential District no more than two (2) recreational vehicles may be stored
outside, of which only one (1) may be a motor home or camping unit.

29.

Riding Stables, Commercial.
A. Standards. The following minimum standards are applicable to commercial riding stables:
1. Minimum lot size for commercial riding stables shall be ten (10) acres.
2. There shall be a minimum one (1) acre of open space provided on the lot for each horse
kept on the lot.
3. All stables shall be located at minimum one hundred fifty (150) feet from the ordinary
high water mark of navigable water and shall be located such that manure will not drain
into any waterway.

30.

Salvage Operations.
A. Standards.
1. Salvage or junk, as defined in this Ordinance, may be stored on any premises on which a
permitted commercial or industrial enterprise is conducted, provided, that all such junk is
used in the conduct of such permitted business enterprise, and that all such junk is at all
times stored in an enclosed building on the premises or within a fenced enclosure, meeting
the requirements of 6 below, thereby securing it from public view.
2. Salvage or junk, as defined in this Ordinance, may be stored on any premises in a
Residential district provided that all such junk is at all times stored in an enclosed building
thereby securing it from public view.
3. No person shall conduct a salvage operation without first having been granted a
Conditional Use Permit and been issued a Zoning Permit.
4. Junk or salvage operations shall not be located within five hundred (500) feet of any
dwelling, other than that owned by the owner of the operation, or within five hundred
(500) feet of any residential or commercial district, or five hundred (500) feet from a lake,
river or stream. No junk or salvage operation shall be carried on within two hundred
(200) feet of any highway right-of-way, and all establishments of this kind shall have
minimum side and rear yard setbacks of fifty (50) feet.
5. A salvage operation shall not be located in a wetland, within shoreland protection zoning
or within floodplain zoning.
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6. Junk or salvage materials shall be enclosed by a solid fence with a minimum height of
eight (8) feet as approved by the Board of Adjustment, so that the salvage materials are
not visible from other property in the vicinity of the salvage operation nor from a public
road nor from a navigable water.
7. Junk or salvage material shall not be stored at a height exceeding the height of the fence.
8. All appropriate measures shall be taken to prevent soil and ground water contamination
from oils, grease, gasoline, chemicals, or other contaminants which shall be disposed of
properly. There shall be a minimum of ten (10) feet of soil between the ground water
table or bedrock. The Board of Adjustment may require a bond or letter of surety for the
removal of contaminated soils.
9. Open burning of any material is prohibited.
10. Operations shall abide by all State regulatory and licensing requirements.
11. A salvage operation conditional use permit shall be valid for a period of five (5) years at
which time the owner shall reapply, thereby allowing for a full operational review by the
Board of Adjustment.
12. Permitted salvage operations shall post to the Zoning Department a bond or letter of
surety/credit a minimum of fifty thousand dollars ($50,000) to cover the cost to the
County for potential abandonment of the operation and removal of salvage materials from
the site. The Board of Adjustment may require a larger bond amount at their discretion.
Buffalo County Zoning Department shall be named oblige and shall approve the bond
terms, form, and bonding company.
13. Upon the complaint of any interested person, or on its own motion, or after inspection by
the Zoning Department discloses that the provisions of this Ordinance are being violated,
the Board of Adjustment may hold a public hearing to determine whether a privately
operated salvage operation permit shall be revoked, notice of such hearing to be given to
all interested parties. After a public hearing, the Board may order the permit revoked.
14. Prior existing and unpermitted salvage operations that are not in compliance with the
requirements of this Ordinance shall have one (1) year from the effective date of adoption
of this Ordinance to reach compliance and obtain a Conditional Use Permit allowing a
salvage operation. If unable or unwilling to attain compliance the County will offer for
bid the full cleanup of the property with all associated costs recouped by placing a special
assessment on the property, minus the amount recovered from the sale of any recyclable
materials.
15. When a salvage operation is closed by the operator or property owner all salvage materials
shall be removed from the property within one hundred twenty (120) days of closure.
16. Permitted salvage operations existing at the time of the effective date of this Ordinance
are exempt from the setback requirements of 4 above.
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31.

Sawmills, Temporary and Permanent.
A. Application. Temporary and permanent sawmill applications shall submit the following
information:
1. A detailed site plan drawn to scale.
2. A map showing location of access roads.
3. A traffic plan, and
4. A plan of operation.
B. Criteria. Temporary and permanent sawmills shall meet the following criteria:
1. Sawmills shall be located a minimum of five hundred (500) feet from any dwelling unit
other than that of the owner or operator of the sawmill.
2. No sawmill shall produce a sound level beyond its property boundary that exceeds fiftyfive (55) decibels.
3. Areas used for stockpiling and maneuvering shall be a minimum distance of two hundred
fifty (250) feet from any dwelling unit other than that of the owner or operator of the
sawmill.

32.

Sawmills, Temporary.
A. Extension. A permit for a temporary sawmill may be extended one (1) time for an additional
thirty (30) days at the discretion of the Zoning Administrator.
B. Removal. Temporary sawmills shall be removed from the premises within thirty (30) days of
permit expiration.
C. Duration. A Zoning Permit for a temporary sawmill shall expire 120 days after the date of
issue.

33.

Semi-Trailers and Shipping Containers.
A. Standards.
1. Semi-trailers (with or without wheels) shall not be used as storage containers on any
premises, lot, or parcel within a residential zoning district. No semi-trailer, whether
attached to a truck or tractor or unattached, may be parked on any residential lot except
when actively engaged in loading or unloading goods or the unloading of materials to be
used for construction or improvements.
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2. Any shipping container used for storage, and exceeding twenty (20) feet in length, is
prohibited on any premises, lot, or parcel within a residential zoning district. Containers
shall be located in the side or rear yards of the lot.
3. For lots or parcels of ten (10) acres or less in size, in all ANR zoning districts, a maximum
of one (1) shipping container shall be permitted. Containers shall be located in the side or
rear yards of the lot.
4. For lots or parcels of ten (10) acres or more in size, in all ANR zoning districts, a
maximum of four (4) shipping containers or four (4) semi-trailers or combination thereof
shall be permitted for agricultural uses only.
5. Semi-trailers and shipping containers shall meet all setbacks for accessory structures and
shall not be located within a shoreland setback area, within a floodplain or on steep slopes.
6. Semi-trailers and shipping containers are prohibited within the boundaries of any scenic
easement established by the Wis. Dept. of Transportation.
7. Properly permitted commercial and industrial uses are exempt from the provisions of this
section.
8. Enforcement measures for compliance and removal are subject to and contingent upon the
written approval and support of the applicable Town Board.

34.

Small Arms Firing Ranges.
A. Indoor Firing Ranges.
1. A minimum lot area of not less than five (5) acres shall be maintained, unless the Board of
Adjustment permits a smaller area.
2. The structure for an enclosed firing range shall be bulletproof.
3. The structure shall be located a minimum of five hundred (500) feet from any dwelling or
residential district, and a minimum of one hundred fifty (150) feet from a highway rightof-way.
4. Adequate parking for the use shall be maintained.
5. Adequate liability and property damage insurance for injuries arising from the operation
of the range shall be maintained.
6. There shall be continuous supervision by a responsible person when such range is in
operation.

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B. Outdoor Firing Ranges.
1. A minimum lot area of not less than forty (40) acres shall be maintained, unless the Board
of Adjustment permits a smaller area.
2. Designated shooting areas shall be a minimum of one thousand (1,000) feet, in any
direction from the firing point, from the nearest residential district or residential lot except
for the dwelling of the owner of the premises or his agent or employee.
3. The shooting area of a firing range shall be fenced with a legal fence, except for one point
of entrance not more than twelve (12) feet wide. The shooting area for skeet and trap
shooting shall be defined as an area extending five hundred (500) feet from the shooting
stand in the direction of normal shooting and fifty (50) feet from the shooting stand in
lines directly opposite to the normal direction of shooting. Motor vehicles shall be
prohibited in the shooting area except for maintenance purposes.
4. The shooting area for any firearm shall be defined as an area five hundred (500) feet
beyond the target area in the direction of normal shooting and one hundred (100) feet from
the rear firing line and one hundred (100) feet from the outer edge of the sod faced barrier.
Motor vehicles shall be prohibited in the shooting area except for maintenance purposes.
5. Each firing range shall post around the perimeter of the shooting area, warning signs not
more than one hundred (100) feet apart and fastened not more than six (6) feet above the
ground. Such warning sign shall not be less than two (2) square feet in area and shall
contain the words "Danger – Shooting Range" in red on a white background, the letters of
such words to be not less than four (4) inches high and maintained in a legible condition at
all times.
6. Ranges for skeet and trap shooting shall be restricted to the use of target-grade shot
ammunition unless such skeet and trap range is provided with screening and a barrier as
required for rifle and pistol ranges.
7. At all times, shooters shall fire in a direction away from any public road.
8. Ranges for rifle and pistol shooting with cap and ball and slug ammunition shall be so
arranged as to provide an earthen barrier impenetrable by any projectiles to be fired on
such ranges. Such barrier shall be a minimum of twenty-five (25) feet in height, measured
from the base of the targets, and shall extend horizontally not less than thirty (30) feet on
either side of the targets.
9. Adequate liability and property damage insurance for injuries arising from the operation
of the range shall be maintained, evidence of which shall be provided to the Department.
10. Shooting on the range shall be limited to the hours between sunrise and sunset, but not
prior to 7:00 a.m. nor later than 8:00 p.m.

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11. The manual, “Environmental Management at Operating Outdoor Small Arms Firing
Ranges, Interstate Technology and Regulatory Council,” should be consulted in planning
range construction, lead management and reducing metal migration.

35.

Tourist Rooming Houses.

It is the intent of this section to establish the standards under which a single-family dwelling may
be used as a tourist rooming house.
A. Standards. The following minimum standards are applicable to tourist rooming houses:
1. A tourist rooming house shall not be located within one thousand (1,000) feet of another
tourist rooming house except upon granting of a Conditional Use Permit.
2. A tourist rooming house shall be located a minimum of one thousand (1,000) feet from
any livestock feedlot, one thousand (1,000) feet from any animal waste storage structure
and five hundred (500) feet from any structure used for the permanent enclosure of
livestock, other than that of the tourist rooming house owner.
3. The owner or his agent shall apply for and be issued a Zoning Permit allowing the
operation of a tourist rooming house.
4. A tourist rooming house shall be serviced by a private on-site wastewater treatment
system that is compliant with all requirements of the Buffalo County Sanitary Ordinance.
5. Occupancy shall be limited to two (2) persons per bedroom, plus two (2) additional
persons.
6. The number of guest vehicles allowed on site is limited to the number of bedrooms.
Parking on public roads/highways is prohibited. No recreational vehicle or camping unit
may be used for living or sleeping purposes in conjunction with a tourist rooming house.
7. The owner/occupant shall abide by all regulations and requirements of ATCP 72 and of
the Buffalo County Department of Health and Human Services.
8. The Zoning Permit allowing a tourist rooming house shall not be transferrable to another
owner.
9. Each area and room designated or used for sleeping shall have at least one (1) means of
exit to the exterior, by door or egress window. If a room does not meet these
qualifications, a sign shall be posted notifying occupants that the room shall not be used
for sleeping due to lack of safe egress.
Basement areas designated or used for sleeping shall have at least two (2) exits to the
exterior, by door or egress window. If a basement does not meet these qualifications, a
sign shall be posted notifying occupants that the basement area shall not be used for
sleeping due to lack of safe egress.
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10. Shall have functional smoke detectors, carbon monoxide detector, and fire extinguisher in
accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative
Code.
11. Shall provide proof of insurance against claims of personal injury and property damage
for a tourist rooming house, commercial rental operation.
12. A tourist rooming house that generates excessive noise complaints, response required
from law enforcement, has poor property care and maintenance, is noncompliant with
ATCP 72 or has other issues that may be deemed a nuisance to neighboring properties will
have its Zoning Permit revoked.
13. One (1) and two (2) family dwellings (cottages, cabins, homes) built after June 1, 1980 are
required to meet the Uniform Dwelling Code standards. You may be required to provide
a Building Inspection report to the Zoning Department as part of the application process.

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CHAPTER 10
NONCONFORMING USES, STRUCTURES, AND LOTS
1.

Purpose and Intent.
A. Within the districts established and mapped by this Ordinance, or amendments thereto, there
may exist uses of lands or buildings, structures or lots which were lawful prior to the adoption
of this Ordinance, or amendments thereto, but do not conform to the regulations herein and
would be prohibited or greatly restricted under the terms of this Ordinance. These uses,
structures, and lots are declared legal nonconformities as set forth in § 59.69(10), Wis. Stats.,
such nonconforming conditions may be continued, subject to the requirements of this chapter.
B. It is the intent of this Chapter to permit legal nonconformities to continue until they are
removed, but not to encourage their continuation.
C. These standards shall apply to all modification, enlargements, or additions to any
nonconforming use or structure and to the use of any structure or premises which was lawful
prior to the adoption of this Ordinance or amendments thereto.
D. Illegally built structures are not non-conforming and may require removal as determined by
the Zoning Administrator.

2. Nonconforming Uses.
A. Nonconforming Use of Land.
1. Only that portion of land in actual use may be continued to be used. The nonconforming
use shall not be extended, enlarged, substituted, or moved in a manner to increase its
nonconformity, except when required by law or order to bring the use into conformity
with the provisions of this Ordinance.
Buffalo County does hereby recognize the ‘Diminishing Asset Rule’ as it may apply to
pre-existing nonconforming nonmetallic mines and mining operations. The Rule will be
reviewed by the County in each individual case and situation in which a nonconforming
nonmetallic mine owner seeks to expand a mine site and mine operation. In instances of
expansion, pre-existing nonconforming mines shall be reviewed on an individual basis for
having and maintaining legal nonconforming status.
2. For all nonstructural uses of land, expansions shall be authorized only by the issuance of a
Conditional Use Permit.
Pre-existing nonconforming nonmetallic mine operations may be exempt from this
requirement under the ‘Diminishing Asset Rule’. Pre-existing nonconforming mines
intending to expand will be reviewed on an individual basis for having and maintaining
legal nonconforming status.
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3. Once a nonconforming use has been changed to a conforming use, it shall not revert to a
nonconforming use.
4. Nonconforming incidental uses associated with the original nonconforming principal use
are not protected once the original use is abandoned or discontinued.
5. Nonconforming uses that are deemed nuisances by the Courts shall not be permitted to
continue as nonconforming uses.
B. Nonconforming Use of Buildings or other Structures. The following shall apply to all
buildings or structures which house a nonconforming use, except for when such
nonconforming uses are otherwise regulated by the Buffalo County Shoreland or Floodplain
Zoning Ordinance.
1. Structural alterations of an existing building or structure which houses a nonconforming
use shall be authorized by a Zoning Permit.
2. Additions to an existing building or an existing structure which houses a nonconforming
use shall be authorized only by a Conditional Use Permit. Such additions shall comply
with all applicable setbacks and other dimensional requirements of this Chapter, unless
variances are granted as provided in Chapter 6.
3. If a structure which houses a nonconforming use is destroyed by fire, explosion, flooding,
storm damage or other disaster, such structure may be restored and the nonconforming use
may be restored therein upon issuance of a Zoning Permit. Such restoration or
replacement shall not exceed the original structures floor area unless a Conditional Use
Permit is authorized, as provided in Subsection B.2. If the original structure which housed
the nonconforming use is also a nonconforming structure, the provisions of three (3) of
this Chapter shall also apply.
C. Change of Use. A nonconforming use shall not be changed to any use other than a use
permitted in the zoning district in which it is located.
D. Discontinuance. Where any such nonconforming use is discontinued for a period of twelve
(12) consecutive months, any future use of the building, structure or land shall conform to the
regulations of the district in which it is located.
A non-metallic mine that maintains its reclamation financial assurance and is current in its
annual fees due to the Land Conservation Department shall not be considered inactive or
discontinued.
3. Nonconforming Structures.
A. Alterations, Modifications and Additions.
1. Ordinary maintenance, repairs, and modernization are not considered an alteration or
modification and are allowed without a permit. Ordinary maintenance includes; painting,
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decorating, replacement of doors and windows, siding, roofing and other nonstructural
components.
2. Structural alterations or structural repairs of nonconforming structures shall meet all the
provisions of this Chapter and shall not result in an increase in floor area nor change the
footprint of the structure. Over the life of a nonconforming structure cumulative structural
repairs, alterations, modifications, or additions, shall not exceed fifty percent (50%) of its
assessed value except upon granting of a variance by the Board of Adjustments.
3. A nonconforming structure shall not be expanded or enlarged except in conformity with
the provisions of this Ordinance and upon granting of a Conditional Use Permit by the
Board of Adjustment. Additions or extensions of nonconforming structures along private
roads where such structure and road existed prior to the effective date of this Ordinance
are permitted, provided that such additions or extensions do not extend further toward the
road than the existing structure.
4. A conforming use in a nonconforming structure may be changed to another conforming
use provided the new conforming use does not result in an increase in floor area nor
change the footprint of the structure, and provided that all parking and other site
requirements are met.
5. Highway projects. When a structure becomes a nonconforming structure as to setback
from a highway because the highway was widened or relocated or changed in jurisdiction
by the County, a Town or the Wisconsin Department of Transportation, such a structure
shall not require a variance and shall not be considered a nonconforming structure in
regards to setback from a highway. However, no such structure shall thereafter be
enlarged or rebuilt in such a manner that it will be closer to the right-of-way of the
highway.
B. Repairs and Restoration, with exception to the repair, alteration or addition to structures
regulated by the Buffalo County Shoreland and or Floodplain Zoning Ordinance, shall meet
the following requirements:
1. A nonconforming structure that is damaged or destroyed by fire, explosion, flooding,
storm damage or similar calamity may be repaired or restored, provided that either:
a. The repair of restoration would bring the structure into compliance with this
Ordinance; or
b. The repair or restoration of the nonconforming portion of the structure occurs fully
within the building footprint of the structure before damage and there is no increase in
the floor area of the nonconforming portion of the structure.
c. When a nonconforming structure or a structure containing a nonconforming use is
damaged to the extent of more than fifty percent (50%) of its current assessed value as
determined by the local assessor, it shall not be restored except in conformity with the
regulations of the zoning district in which it is located.
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2. Except for historic buildings, no repairs or restoration of nonconforming structures shall
be located within any public right-of-way.
4. Nonconforming Lots.
A. Nonconforming lots not deemed a lot of record shall not be buildable and can only be used for
undeveloped natural resources and open space areas and associated conservation practices.
Existing lots of record which do not contain sufficient area and/or width to meet the criteria in
Chapter 8 shall be considered nonconforming lots. If a nonconforming lot is in common
ownership with abutting lands, the contiguous lots shall be considered a single parcel, unless
the parcel is re-divided to conform to the dimensional requirements for new lots in the
applicable zoning district. A lot of record may be used for any use or structure permitted in
the zoning district in which it lies, provided it complies with the following:
1. All structures must meet all setbacks, height, parking, and access requirements of this
Ordinance.
2. Prior to single family dwellings or duplexes being constructed/reconstructed on a nonconforming lot it must be demonstrated the lot has adequate soils and area for two (2)
private onsite waste treatment systems (POWTS).
5. Existing Conditional Uses.
Existing conditional uses shall be treated in the following manner:
A. An existing conditional use which, under the terms of this Ordinance is a permitted use in the
district in which it is located, shall be deemed a permitted use, provided the use and structures
meet the regulations of the district in which it is located.
B. An existing conditional use which, under the terms of this Ordinance, is a conditional use in
the district in which it is located, may be continued, provided the terms of the conditional use
permit are being followed.
C. An existing conditional use which, under the terms of this Ordinance, is neither a conditional
use nor a permitted use shall be deemed to be a nonconforming use and shall be subject to the
provisions of this Chapter.

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CHAPTER 11
HIGHWAY SETBACKS AND VISION CLEARANCE
1. Purpose.
The provisions of this chapter establish setback requirements for structures from highways and vision
clearance standards for highway intersections. These provisions are intended to promote public
safety and traffic safety by ensuring proper visibility and by providing adequate distances for
structures from highway right-of-ways.
2. Jurisdiction.
A. Authority. The jurisdiction of this section shall include lands abutting all class A, B and C
highways within Buffalo County.
B. Exceptions. Where a road is located in a city, village or other county boundary, this section
does not apply on the portion of the road within the city, village or other county.
C. Discrepancies. Any discrepancy of official highways located within Buffalo County shall be
resolved using the most current municipal road certification listing report and City, Village,
Township (CVT) map located on the Wisconsin Department of Transportation website.
3. Highway Classification and Setbacks.
A. Classes of Highways.
1. Class A Highway: Improved or unimproved State or Federal Roads.
2. Class B Highway: Improved or unimproved County Road.
3. Class C Highway: Improved or unimproved Town Roads or other public roads not
identified as a Class A or B Highway.
B. Setback Distances. The minimum setback distances for the respective highway classes shall
be as follows:
1. Class A Highway: One hundred and ten (110) feet from the centerline of the highway.
2. Class B Highway: Sixty three (63) feet from the centerline of the highway.
3. Class C Highway: Fifty (50) feet from the centerline of the highway.
C. Setback Reduction.
1. A setback of less than the required setback for the appropriate class of highway shall be
permitted in cases where the adjacent principal buildings are located closer to the highway
than the required setback.
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b. Where each side of the proposed building location is occupied by an adjacent principal
building located within two hundred fifty (250) feet of the proposed building footprint,
the minimum setback for the proposed building shall be the average of the setbacks of
the adjacent principal buildings.
c. Where one side of the proposed building location is occupied by an adjacent principal
building located within two hundred fifty (250) feet of the proposed building footprint,
the minimum setback for the proposed building shall be the average of the setback of
the adjacent principal building and the setback required for that particular highway.
2. Lesser setbacks may be permitted by the Board of Adjustments through a variance
application providing the variance meets the standards outlined in Chapter 6 of this
ordinance.
D. Reduced Setbacks Existing Structures.
1. Additions or extensions to an existing structure within the setback area of a public
highway are permitted provided that such additions or extensions do not extend further
toward the public highway than the existing structure.
2. A proposed addition within a reduced setback area on a Class A highway shall obtain
written approval from the Wisconsin Department of Transportation prior to issuance of a
Zoning Permit.
E. Setback How Measured. Setbacks from highways shall be measured from the nearest portion
of a structures foundation or building footprint.
F. Structures Allowed within Highway Setbacks. The following may be placed between the
highway setback line and the highway right-of-way line but shall not be placed within the
vision triangle unless specified below.
1. Open fences. (allowed in vision triangle)
2. Parking lots provided they are located a minimum of twenty (20) feet from the established
highway right-of-way.
3. Utility transmission lines and power poles. (allowed in vision triangle)
4. Utility structures not exceeding sixty-four (64) square feet in size and five (5) feet in
height. Provided however that such structure is not placed within the vision clearance
area.
5. Underground structures not capable of being used as foundations for future prohibited
structures.
6. The planting of shrubs, trees or other ornamental vegetation and the planting and
harvesting of field crops, provided, however that such planting does not obstruct the view
across the vision triangle.
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7. Ornamental features, landscaping, or retaining walls that do not obstruct vision.
8. Structures for public use such as bus shelters, salt boxes, drinking fountains, etc.
9. Structures such as ramps and landings, lifts, or elevator housing, which are designed and
intended to comply with the requirements of the Americans with Disabilities Act or fair
housing laws to make existing buildings accessible to disabled people, and where no
feasible alternative locations exist.
10. Wells, septic tanks, and drain field dispersal cells.
11. Signs as regulated by Chapter 18 of this ordinance.
The rest of this page is intended to be blank.

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4. Vision Triangle.
A. Vision Triangle Clearance. There shall be an area of vision clearance at all highway and
railway intersections known as the vision triangle. The vision triangle shall be an area
calculated by connecting the endpoints of line segments which begin at the vertex of an
intersection thence along the traveled centerlines away from the vertex for a measured
distance of:
1. One hundred and fifty (150) feet along the traveled centerline of a Class B and C
Highway.
2. Two hundred and fifty (250) feet along the traveled centerline of a Class A Highway and
the centerline of a railway.
B. Within a vision triangle no structure shall be constructed and no vegetative material shall be
planted that causes or will cause an obstruction to view between a height of two and one-half
(2 ½) feet and ten (10) feet above the elevation of the highway. Agricultural crops are exempt
from this provision, however, the Zoning Department, Highway Department or a Town Board
may require a landowner to remove crops that limit visibility and present an impediment to
highway safety.

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5. Scenic Roadsides.
A. Purpose. The purpose of this section is intended to promote safety, health, welfare,
convenience and enjoyment of public travel and to preserve and enhance the scenic beauty of
lands bordering public highways.
B. Scenic Setback. No person shall accumulate any of the following material within three
hundred (300) feet of a public highway unless the material is effectively screened from view
from the public highway:
1. Junk, salvage, scrap metal, metal alloy, garbage, refuse, inoperable motor vehicles or any
junked, ruined, dismantled or wrecked machinery of any parts thereof.

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CHAPTER 12
PARKING, LOADING, AND DRIVEWAYS
1. Purpose.
These provisions are intended to reduce traffic congestion on public roads and highways by requiring
adequate off-street parking and loading areas for different land uses. These provisions are also
intended to promote traffic safety by ensuring proper access to roads. These provisions also provide
minimum requirements for driveways to assure year round accessibility by all types of emergency
vehicles.
2. Parking Requirements.
A. Parking Spaces. The minimum number of off-street automobile parking spaces required shall
be in accordance with the following schedule. In cases where garages are provided, the
number of required spaces shall be reduced by the number of parking spaces within the
garages. The Board of Adjustment may at its discretion reduce the number of parking spaces
required when ruling upon a conditional use permit application. One (1) space per employee
during the peak shift times shall be provided in addition to the following:
Use
Residential
Commercial lodging
Auditorium/theater
Church/funeral home
Restaurant/tavern
Boardinghouse
Bed-and-breakfast establishment
Medical/dental clinic or office
Public boat launching ramp
Office uses
Retail stores and personal services
establishments
Manufacturing/trade or contractor
establishments
Warehouse/commercial storage
Marinas
Commercial riding stables
Convenience store
Auto repair
Outside retail sales
Commercial recreation
Hospital
Nursing home
School, K-12
School, college

Off-Street Parking Requirement
2 spaces per dwelling unit
1 space per room
1 space per 3 seats
1 space per 4 seats
1 space per 100 square feet of primary floor area or 1 space per 3 seats,
whichever is greater
1 space per bedroom or sleeping room
2 spaces plus 1 space per rental room
5 spaces per doctor/dentist
15 spaces per launching lane, each space 10 feet wide by 40 feet long
1 space per 250 feet of primary floor area
1 space per 200 feet of primary floor area
2 spaces
1 space per 1,000 square feet of primary floor area
0.5 spaces per boat slip
1 space per 3 horses
1 space per 100 square feet of primary floor area
3 spaces per service bay
1 space per 500 square feet of display area
1 space per 4 patrons
2 spaces per 3 beds
1 space per 3 beds
1 space per 10 students
1 space per 2 students
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Use
School, nursery
Golf course
Driving range
Drive-through facilities

Off-Street Parking Requirement
1 space per 6 children
90 spaces per 9 holes
1 space per tee
4 vehicle queuing spaces

1. If the parking requirements for particular uses described in Chapter 9 (Specific Use
Requirements) are different from those stated here, the most restrictive requirements shall
apply.
2. Commercial establishments with drive-through facilities shall, in addition to providing the
required off-street parking spaces, maintain a minimum off-street queuing capacity of four
(4) vehicles per service lane. Queuing capacity shall be designed so that vehicles queuing
in the drive-through lane do not interfere with street traffic flow.
3. When the computation of the minimum number of parking spaces results in a fractional
number, the number shall be rounded up.
4. In the case of uses not specifically listed in this Subsection, the minimum number of
parking spaces shall be determined by the Zoning Administrator, based upon the
requirements for similar uses.
5. Where more than one (1) use is located on a lot, the required number of parking spaces
shall be determined by the sum of the minimum total number of parking spaces for each
individual use. However the Zoning Administrator may allow a reduction of parking
spaces if:
a. The peaks of demand for individual uses do not coincide; or
b. The same parking space can simultaneously serve both uses.
6. Uses existing on the effective date of this ordinance which do not have the required
amount of parking spaces shall not further reduce said space, and no expansion of the use
shall be permitted unless parking spaces equal to the parking requirement for the
expansion are provided for as part of the expansion.
7. Whenever the existing use of a lot is hereafter proposed to be changed to a use having a
greater parking requirements, the applicant shall provide additional parking spaces equal
to the difference in required parking spaces between the existing use and the proposed
new use.
3. Design Requirements.
A. Each parking space shall be a minimum of one hundred eighty (180) square feet in area
exclusive of the area required for ingress and egress.
B. All parking areas shall be properly maintained by the owner or lessee of the property.
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C. Lighting established for the purpose of illuminating off-street parking areas shall utilize
lighting fixtures whose hood, lens or combination thereof allow no direct beams of light from
the fixture to be seen from off the property or to be cast skyward.
D. All off-street parking areas shall provide handicapped parking spaces for use by motor
vehicles which transport physically disabled persons, in accordance with this chapter.
E. All parking areas shall be surfaced with gravel or be paved. For the purpose of meeting the
requirements of this ordinance crushed limestone is a suitable surface.
F. No parking lot shall be constructed within ten (10) feet of the front, side, and rear property
lines. The ten (10) foot setback shall act as a buffer strip between adjacent properties.
G. Parking lots shall be constructed and maintained to control stormwater runoff.
H. Parking lots providing over fifty (50) parking spaces shall require a vegetative buffer
consisting of a minimum of one (1) shrub and one deciduous or evergreen tree, which will
nominally reach twelve (12) inches in diameter, for every one thousand (1,000) square feet of
lot area.
4. Handicapped Parking
A. Minimum Requirements. All off-street parking areas shall provide parking spaces for use by
motor vehicles which transport physically disabled person, in accordance with ILHR 52, Wis.
Admin Code, or the following minimum requirements, whichever are more restrictive:
1. Two percent (2%) of the total number of parking spaces shall be provided for use by
physically disabled persons with a minimum of one (1) space.
2. The minimum dimensions for all parking spaces provided for use by physically disabled
persons shall measure twelve (12) feet in width and eighteen (18) feet in length.
3. Parking spaces provided for use by physically disabled persons shall be located as close as
possible to an entrance which allows such persons to enter and leave the parking area
without assistance.
5. Loading Requirements
A. Any use which requires deliveries or shipments shall provide sufficient off-street loading and
unloading space so that no public street, alley or access to any parking area is blocked by such
activities.
B. The loading and unloading space shall be separate from any parking aisle or parking spaces
unless delivery or pickup activities are scheduled for hours when the parking area is not in
use.

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6. Driveways.
No owner of real estate, owner of an easement of ingress and egress or tenant of real estate in the
unincorporated areas of Buffalo County which abuts a County Highway or within 150 feet of an
intersection to County Highways on a Town Road, shall open, construct, reconstruct or change the
principle use of a driveway or roadway onto that County Highway, without obtaining a permit under
this section. Upon receipt of an application by the Zoning Department, the application will be
referred to the Highway Commissioner for inspection and consideration of approval.
A. Driveway Access.
1. Every use permitted under this ordinance shall have access to a public highway. Property
owners have the responsibility of securing the access.
2. For all uses, except agricultural uses, no more than two (2) access points per lot shall be
permitted.
3. For all uses except agricultural uses, access shall not be allowed directly to a state
highway if access to a county or town public highway is available.
B. Driveway Requirements.
1. Driveways must meet the following width requirements:
a. For all single-family residential and duplex residential uses, driveways shall be at least
twelve (12) feet wide and not more than twenty-four (24) feet wide extending fifty
(50) feet back from the highway centerline.
b. Driveways for all other uses, except agricultural uses, shall be at least twenty (20) feet
wide and not more than thirty five (35) feet wide extending a minimum of fifty (50)
feet back from the highway centerline. Such drives may be reduced to twelve (12)
feet wide if they are enter-only or exit-only drives.
2. All driveways shall be placed such that the driveway edge nearest to and adjoining
property owners lot line is a minimum of five (5) feet from the lot line, unless driveways
are shared by adjoining property owners.
3. All driveways, except those to agricultural fields, shall be surfaced with gravel or paved
and pitched to prevent ponding.
4. Driveways shall be located opposite median crossover where present.
5. The maximum grade for driveways serving dwellings constructed after the effective date
of this ordinance shall be twelve percent (12%). All private driveways and roads shall be
maintained in such a manner that adequate access and turning area is provided at all times
to emergency response providers including: fire, law enforcement, ambulance, utility, and
sanitation vehicles. Any applicant seeking to construct a driveway, any portion of which
shall contain a grade in excess of twelve percent (12%), may seek a variance from the
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Board of Adjustment, and present any plans and information which demonstrate that the
steeper grade satisfies driveway requirements.
6. All driveways shall intersect a public highway at a ninety (90) degree angle unless
otherwise recommended by the highway commissioner. All driveways shall be sloped
down from the highway edge for at least twenty (20) feet from the highway edge so the
elevation of the driveway is at least six (6) inches below the level of the highway at a
point twenty (20) feet from the edge of the highway.
7. All driveways shall have a minimum twenty-four (24) foot culvert length with a fifteen
(15) inch minimum diameter. The culvert requirements shall remain in effect unless the
Highway Commissioner grants an exception.
8. All driveways shall have a minimum elevation clearance of eighteen (18) feet.
9. Driveways shall be so located to have a recommended minimum four hundred (400) foot
sight distance in either direction. A greater sight distance may be required at the
discretion of the Highway Commissioner.
10. The Zoning Department may require a Traffic Impact Analysis by a registered
professional to determine the overall impact of a commercial or industrial use applying for
driveway access to a public highway. The analysis may result in additional design and
construction requirements and the cost of the Traffic Impact Analysis and subsequent
design and construction costs shall be the responsibility of the applicant.
C. Driveway Permits.
1. No owner of real estate, owner of an easement of ingress and egress or tenant of real
estate in the unincorporated areas of Buffalo County which abuts a Class A State Highway
shall open, construct, or change the principle use of a driveway onto a Class A Highway
without obtaining approval/permit from the Wisconsin Department of Transportation.
2. No owner of real estate, owner of an easement of ingress and egress or tenant of real
estate in the unincorporated areas of Buffalo County which abuts a Class B County
Highway shall open, construct, or change the principle use of a driveway onto a Class B
Highway without obtaining approval/permit from the Buffalo County Zoning Department.
a. Permits applied for under this chapter shall be filed with the Zoning Department and
shall include an application fee.
b. Applications for driveways on a Class C Highway shall be referred to the Town with
jurisdiction for inspection and consideration for approval.

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D. Driveway Construction.
1. All driveway construction shall be completed within one (1) year of the Zoning
Department’s issuance of a permit. If the driveway is not completed with one (1) year, at
the discretion of the Zoning Administrator a one year extension may be allowed.
2. All costs of installing a new driveway shall be the responsibility of the applicant.
3. All necessary erosion control measures shall be installed and maintained so as to eliminate
sediment discharge to the highway or highway right-of-way.
4. There shall be no sediment, brush or other debris in the highway right-of-way as a result
of the construction of the driveway.
5. All work shall be performed in such a manner as to preclude any danger to, or interference
with traffic flow.
6. Concrete approaches or aprons shall not extend into highway right-of-way unless curb and
gutter standards apply.
7. Where driveways are to be installed in a curb and gutter section the following construction
standards apply:
a. When curb and gutter is removed, the new connections shall be of equivalent
acceptable material and curb returns provided or restored in a manner equivalent to the
curb returns of the surrounding area. The driveway construction shall include the
replacement of affected sidewalk areas, which are inadequate or become damaged.
b. All curb flares shall be tangent to the curb line, and within the right-of-way.
c. A curb length of not less than three (3) feet shall be left undisturbed adjacent to each
property line to serve as an island area should the adjoining owner request a permit for
an entrance.
E. Existing Driveways.
1. All driveways existing as of the effective date of this ordinance shall be deemed to be
permitted driveways and no permit shall be required. Reconstruction or replacement of a
driveway lawfully in existence at the effective date of this ordinance is allowed provided
that, no expansion, enlargement or change of use is implemented. If the driveway is
located in the Shoreland or Floodplain District, the construction, repair or reconstruction
shall conform to Shoreland and Floodplain Zoning Ordinance standards.

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CHAPTER 13
SCENIC EASEMENTS & THE GREAT RIVER ROAD
1. Authority.
By authority of the United States Congress the State of Wisconsin has recognized and designated
State Trunk Highway (STH 35) as a National Parkway titled the Great River Road, enabled in Wis.
Stats. 84.105, 84.107.
2. Intent.
In the years from 1955 to 1979 the State of Wisconsin Department of Transportation (WisDOT)
acquired 238 Scenic Easements along the Great River Road in Buffalo County. The intent of the
State in acquiring Scenic Easements was to protect and preserve the recognized and esteemed scenic
natural beauty adjacent the Great River Road, STH 35, corridor.
The scenic easements acquired by the State entail the acquiring of certain interests in properties that
abut STH 35. The interests, acquired for the purpose of controlling development, are owned by the
State. The interests or rights are perpetual and can be changed only by conveyance or by granting of
a variance by the State. Scenic easements are protected and governed by WisDOT. All land use and
development within scenic easements must also be approve by the Buffalo County Zoning
Department. Each easement is specific to a parcel of land that may have been subdivided over time.
Individual scenic easements are recorded at the Buffalo County Register of Deeds office.
3. Easements Terms, Typical.
A. Easement Terms. While each easement must be appraised as a unique document, some
typical easement terms include:
1. Typical easement depth is 350 feet.
2. Minimum lot width/road frontage is stipulated, provided single family residential land use
is allowed.
3. Land use, within most easements, is restricted to single family dwellings and agricultural
use.
4. Signs are regulated as to what can be advertised and maximum size.
5. Dumping of trash or other unsightly material, storing of inoperable vehicles or junk farm
implements is prohibited.
6. The cutting and removal of trees and shrubs is prohibited except as may be incidental to
permitted uses and in some cases for selective harvesting of marketable timber. All tree
cutting and harvesting must be approved by WisDOT.
7. Mobile homes are prohibited within many easements.
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8. Quarrying, the removal of storage of any surface or subsurface mineral or materials is
prohibited within many easements.
4. Buffalo County Permitting.
Upon receipt of a Zoning Permit Application for any development within a scenic easement the
application and supporting documents will be forwarded to WisDOT, Real Estate Unit for review.
A zoning permit allowing any structure, development or land use within a scenic easement shall not
be issued by the Zoning Department without receipt of written approval from WisDOT approving all
aspects of the proposed use over which WisDOT holds development rights or interests.

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CHAPTER 14
BLUFFLANDS AND STEEP SLOPES
1. Purpose and Intent.
Buffalo County recognizes the significant historic, environmental, economic and scenic values of the
Mississippi River headland bluffs that traverses the length of the County and which distinguish the
County’s major transportation corridor and major tourism destination; the Great River Road, a
National Scenic Byway. The County equally recognizes the unique topographic and geologic
features of the interior reaches of the County encompassing bluffs, hills, ridges and floodplains
associated with the Chippewa, Buffalo and Trempealeau Rivers as well as those same features
associated with the many streams, creeks and tributaries of Buffalo County.
The standards established below intend to protect and preserve the unique and complex geologic and
biologic aspects of these distinctive natural features. Establishing regulations and standards for safe
development, where it is permitted and deemed appropriate, will serve the purpose and intent of
protecting the natural resources and scenic beauty of native blufflands from potentially damaging,
unharmonious, and disruptive human development.
2. Steep Slopes.
A. Steep Slopes Overlay. A Steep Slopes Overlay is established to assist in the identification of
soils, lands, and areas, as identified and mapped in the Buffalo County Soil Survey, that are
likely to have slopes of 12 percent or greater. The overlay is recognized to be a general
identification tool and field verification of slopes will be performed by the Zoning
Department or a licensed surveyor.
B. Development and Performance Standards.
1. 12 - 22% slopes. Development on slopes of 12 – 22% is a permitted use which requires a
zoning permit and a Steep Slopes Development Plan that is designed by a licensed
professional engineer, landscape architect or other qualified professional as deemed
acceptable by the Zoning Administrator. The development plan shall include a
comprehensive written description and detailed site plans showing all measures to be
installed to prevent erosion and limit sediment loss. The plan shall also include an
effective stormwater management plan specifying all measures to be incorporated and
installed to create a plan that meets or exceeds DNR Stormwater Management Technical
Standards. A zoning permit allowing development will not be issued by the Department
prior to a Steep Slopes Development Plan being received. The Development Plan shall
include all of the following:
a. Grading plan showing two foot (2’) intervals and grading limits.
b. Property boundaries.
c. Existing and proposed new structures
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d. Soil types
e. All water features including wetlands and wetland indicator soils.
f. A sediment and erosion control plan which includes the locations of all Best
Management Practices (BMP’s).
g. A storm water management plan that includes all post construction waterways,
drainage patterns and features such as sediment basins, etc.
h. Existing and proposed wells and sanitary system locations.
i. Existing and proposed new vegetation.
2. 22 – 32% Slopes. Development on slopes of 22 – 32 % shall only be allowed by the
issuance of a Conditional Use Permit granted by the Board of Adjustment. A completed
Steep Slopes Development Plan as described in B.1 above must be submitted to the
Zoning Department before a Conditional Use Permit application will be placed on the
Boards agenda. The Board may place conditions on the permit as it deems appropriate to
assure the intent and purpose of this Chapter and Ordinance.
3. Slopes Over 32%. All development and land altering activity, including driveways, is
prohibited on slopes over 32 %. Due to the exceptional challenge to development and
greatly increased potential for detrimental impact to surrounding natural and scenic
resources, these slopes will be preserved in their natural state.
4. Logging and Field Access Roads. The provisions for development in this Section 2. B.
shall not apply to roads for timber harvesting or to roads used exclusively for agricultural
field access. Timber harvesting and field access roads shall be constructed using Best
Management Practices as stipulated in the Field Manual for Loggers, Landowners and
Land Managers, Wisconsin DNR, Division of Forestry.
3. Bluff Development
A. Development Standards. The following standards are the minimum standards and
requirements for bluff development.
1. New Structures. Except for stairways or landings, new structures and accessory facilities
shall not be located within a Bluff Impact Zone. Legal pre-existing structures may be
continued through repair, replacement, restoration, maintenance, or improvement as per
State statue. However, any expansion of a nonconforming structure in a Bluff Impact
Zone that meets all other requirements of this Ordinance shall only be allowed by the
granting of a variance by the Board of Adjustment.
2. Nonmetallic Mines and/or processing facilities shall not be located within the Bluff
Impact Zone. Permitted nonmetallic mines existing on the date of the adoption of this
Ordinance are excluded from this provision and their future expansion may be permitted
by the granting of a Conditional Use Permit.
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3. Stairways and Lifts may be allowed to achieve access up and down bluffs and steep
slopes. All stairways and lifts on bluffs shall be visually inconspicuous, and meet the
following design requirements:
a. Stairways and lifts shall not exceed four (4) feet in width on residential lots. Wider
stairways may be used for commercial properties, public open space recreational
properties, and planned unit developments.
b. Landings for stairways and lifts on residential lots shall not exceed thirty-two (32)
square feet in area. Landings larger than thirty-two (32) square feet may be used for
commercial properties, public open space recreational properties, and planned unit
developments.
c. Canopies or roofs are not allowed on stairways, lifts, or landings.
d. Stairways, lifts, and landings may be either constructed above the ground on posts or
pilings, or placed into the ground, provided they are designed and built in a manner
that minimizes erosion and soil loss.
e. Stairways, lifts and landings shall be located in the most visually unobtrusive portions
of lots, as viewed from the surface of the public water and lower areas, whenever
practical.
4. Land Alterations. Except for approved erosion control measures or for forest management
practices, any grading, excavating or filling in a Bluff Impact Zone shall not begin until a
Zoning Permit for a land alteration has been issued by the Zoning Department. Altered
areas shall be stabilized to acceptable erosion control standards consistent with the field
office technical guide of the USDA, Natural Resources Conservation Service.
5. Roads, Driveways, and Parking Areas shall not be located within Bluff Impact Zones
when other reasonable and feasible alternatives exist. If no alternatives exist, they may be
placed within these areas through the issuance of a conditional use permit. An application
for a conditional use permit to place a road, driveway, or parking area in a Bluff Impact
Zone shall require a Steep Slopes Development Plan as defined above.
6. Top or Toe of Bluffs shall be verified/confirmed by a registered land surveyor, the Zoning
Administrator or his agent.
7. Vegetative Screening. Within the Bluff Impact Zone intensive vegetative clearing is not
permitted except for public services such as public roads and utilities and only when the
applicant shows the necessity for clearing of vegetation. To protect water quality, fish and
wildlife habitat and the natural scenic beauty, and to promote preservation and restoration
of native vegetation, Buffalo County prohibits the removal of vegetation in the Bluff
Impact Zone except as follows:
a. The routine maintenance of vegetation is allowed. Routine maintenance shall not
involve any land alteration or land disturbance.
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b. The removal of trees and shrubs is allowed in the Bluff Impact Zone on a parcel with
ten (10) or more acres of forested land consistent with “generally accepted forestry
management practices” as defined in s. NR 1.25 (2) (b), Wis. Adm. Code and
described in DNR publication “Wisconsin Forest Management Guidelines”
(publication FR-226), provided that vegetation removal is consistent with these
practices.
c. The removal of vegetation is allowed to manage exotic or invasive species, damaged
vegetation, vegetation that must be removed to control disease, or vegetation creating
an imminent safety hazard, provided that any vegetation removed be replaced by
replanting in the same area as soon as practical.
d. The Zoning Department may authorize by permit additional vegetation management
activities in the Bluff Impact Zone. The permit issued under this par. shall require that
all activities comply with detailed plans approved by the Department and designed to
control erosion, to improve the plant community by replanting in the same area, and to
maintain and monitor the newly restored area. The permit also may require an
enforceable restriction to preserve the newly restored area.
4. Mississippi River Headland Bluffs (MRHB).
A. MRHB Overlay. The MRHB Overlay is established to protect and preserve the historic,
geologic and scenic qualities of the headland bluffs along the Mississippi River. The intent of
this section is to ensure that the development of MRHB will have minimal impact on those
significant natural features and upon the visual integrity and scenic beauty of the headland
bluffs along the Mississippi River corridor. The Mississippi River Headland Bluffs Overlay
shall encompass all lands located within one and one-half (1.5) miles east of the center
median of the Great River Road, US Highway 35.
B. Development Standards. In addition to the development standards listed in Section 3 above
the following standards shall apply in the MRHB Overlay.
1. New Structures. All new structures located within one hundred (100) feet of a bluff
impact zone shall require a Conditional Use Permit.
2. Steep Slope Development. All development including all structures, driveways, land
alterations, etc. that will occur on slopes of 12 to 22 percent shall require the granting of a
Conditional Use Permit.
3. Steep Slope Development Restriction. All development and land alteration activity is
prohibited on slopes over 22%. All slopes over 22% are to be preserved in their natural
state.
4. Clear cutting as a forest management and timber harvesting method shall not occur within
a Bluff Impact Zone or on slopes over 18%.
5. Nonmetallic mines and/or processing facilities shall not be located within one hundred
fifty (150) feet of the top or toe of a bluff. Permitted nonmetallic mines existing on the
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date of the adoption of this Ordinance are excluded from this provision and their future
expansion may be permitted by the granting of a Conditional Use Permit.

C. Standards for Conditional Use Permits.
1. Structures shall be located to take advantage of existing vegetative and landform
screening.
2. Exterior lighting shall not exceed twelve (12) feet in height and shall be shielded and
directed downward.
3. Exterior surfaces of structures shall be of earth toned colors.
4. Exterior surfaces of structures shall be non-reflective.
5. Structures shall not exceed thirty-five (35) feet in height.
6. A view-shed analysis may be employed as an evaluation tool as part of the Boards
decision making process.

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CHAPTER 15
MISSISSIPPI RIVER TOURISM AND RECREATION OVERLAY DISTRICT
1. Purpose.
The purpose of this overlay district is to guide development and land use in the Mississippi River
Area in Buffalo County by regulations that will:
A. Preserve the scenic nature of the Mississippi River area, and
B. Preserve the natural and economic amenities that support and maintain the jobs and
businesses in the tourism and recreation industries located there which are dependent upon the
many visitors and tourists who travel along the Mississippi River and in the Mississippi River
Area.
C. Preserve and protect the public health, safety and general welfare of the citizens as
represented in the physical and economic amenities of the Mississippi River.
2. Jurisdiction.
The overlay district shall apply to land within the County as follows:
A. Land west of the centerline of the Great River Road/National Scenic Byway to the thread of
the Mississippi River; and
B. Land east of the centerline of the Great River Road/National Scenic Byway included in the
land sections below:
1. Buffalo Township.
T18N-R10W – Sections 3, 4, 5, 6
T19N-R10W – Sections 31, 31, 33, 34, 35
T19N-R11W – Sections 23, 25, 26, 35, 36
2. Milton Township.
T19N-R11W – Sections 5, 6, 8, 9, 15, 16, 17, 21, 22, 27
T19N-R12W – Section 1
T20N-R12W – Sections 14, 22, 23, 24, 25, 26, 36
T20N-R11W – Sections 19, 30, 31, 32

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3. Belvidere Township.
T20N – R12W – Sections: 4, 5, 6, 8, 9, 10, 14, 15, 16
T21N-R12W – Sections 7, 18, 19, 20, 28, 29, 30, 32, 33, 34
T21N-R13W – Sections 11, 12, 13, 24, 25
4. Alma Township.
T21N-R13W – Sections 1, 2
T22N-R13W – Sections 25, 26, 27, 34, 35, 36
5. Nelson Township.
T22N-R13W – Sections 5, 6, 7, 8, 9, 15, 16, 21, 22, 23
T23N-R13W – Sections 30, 31
T23N-R14W – Sections 25, 26, 27, 33, 34, 35, 36
3. Use Regulations:
The Mississippi River Tourism and Recreation Overlay District provides supplementary controls over
land use in addition to the requirements of the several primary zoning districts (Residential,
Agricultural, Recreational, Commercial, Industrial) and shall be used in combination with such
primary districts. Within the boundaries of the Mississippi River Tourism and Recreation Overlay
District all requirements set forth in the primary district shall apply, with the following additions or
exceptions:
A. Permitted Uses
1. All uses permitted by this Zoning Ordinance, or uses customarily incident of any
permitted uses, except that no high-impact generating operation or high-impact receiving
operation shall be permitted.
B. Conditional Uses
1. All conditional uses permitted by this Zoning Ordinance, or uses customarily incident
with those conditional uses, except that no high-impact generating operation or highimpact receiving operation shall be permitted.
4. Existing Permitted Uses and Conditional Uses.
A. Any high-impact generating operation or high-impact receiving operation that is being
operated as a permitted use prior to April 2, 2015 is not subject to the terms of the Mississippi
River Tourism and Recreation Overlay District.
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B. Any high-impact generating operation or high-impact receiving operation that is being
operated as a conditional use prior to April 2, 2015 is not subject to the terms of the
Mississippi River Tourism and Recreation Overlay District except that any changes,
modifications or expansion of a conditional use permit shall subject the conditional use to this
Ordinance from that point forward.

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CHAPTER 16
MOBILE TOWER SITING
1. Purpose.
The purpose of this Chapter is to regulate, by the Conditional Use Permit application process, the
siting and construction of any new mobile service supp